Shiv Bhajan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72331 of 2019 Arising Out of PS. Case No.-131 Year-2019 Thana- PARAIYA District- Gaya ====================================================== 1.

SHIV BHAJAN PASWAN Son of Late Punit Paswan Resident of VillageBiso, P.S.- Paraiya, District- Gaya. 2.

Ramrati Devi Wife of Shiv Bhajan Paswan Resident of Village- Biso, P.S.- Paraiya, District- Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-12-2019 Learned counsel for the petitioners states that petitioner no.1 Shiv Bhajan Paswan has died while in custody and his bail petition has become infructuous.

2. In view of aforesaid, the bail petition as against petitioner no.1 is dismissed as infructuous.

3. Heard learned counsel for petitioner no.2 and learned APP for the State.

4. The petitioner no.2 is in custody since 14.09.2019 in connection with Paraiya P.S.Case No. 131 of 2019 for the alleged offences under Sections 304 (B) and 201/34 of the Indian Penal Code.

5. It is submitted that petitioner no.2 has been falsely

Patna High Court CR. MISC. No.72331 of 2019(2) dt.18-12-2019 2/3 implicated and the accusation of demand of dowry and inflicting torture is general and omnibus. Petitioner no.2, who was living separately from the deceased and her husband, had no concern with their day-to-day matters. The petitioner no.2 is a lady, who claims clean antecedents.

6. Be that as it may, let petitioner no.2 above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IIIrd, Gaya in connection with Paraiya P.S.Case No. 131 of 2019, on the following conditions-- (i) That one of the bailors shall be a close relative of the petitioner no.2.

(ii) That the petitioner no.2 shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner no.2 shall co-operate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner no.2 shall be well represented in court on each and every date during trial, except as and when directed by the learned court below to be physically present and in the event of failure on two consecutive dates without

Patna High Court CR. MISC. No.72331 of 2019(2) dt.18-12-2019 3/3 sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T