Jai Kishun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83177 of 2024 Arising Out of PS. Case No.-205 Year-2024 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1.

Jai Kishun Paswan S/O Late Gulten Paswan R/O -Village- Pachrukhi, P.SMotipur, Dist- Muzaffarpur. 2.

Geeta Devi W/O Jai Kishun Paswan R/O -Village- Pachrukhi, P.S- Motipur, Dist- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Baleshwar Paswan Son of Mahindra Paswan R/o- Bhuvan Chhapra Ward No. 16, P.S- Chakia, Motihari, East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Adv.

For the State :

Mr. Damodar Prasad Tiwary, APP.

For the Informant :

Mr. Yugal Kishore, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State and learned counsel appearing for the informant.

2. At the very outset, learned counsel for the petitioners submits the petitioners are father-in-law and mother-in-law of the deceased and father-in-law (petitioner no.1) has already died and hence, this application on behalf of petitioner no.1 has become infructuous.

3. Accordingly, this application on behalf of petitioner no.1 is dismissed as having become infructuous.

4. Now, this application survives for petitioner no.2 only.

Patna High Court CR. MISC. No.83177 of 2024(3) dt.28-04-2025 2/3

5. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 498(A) and 304(B) of the Indian Penal Code.

6. All the F.I.R. named accused persons including this petitioner, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the daughter of the informant by tying rope in her neck.

7. Learned counsel for the petitioner submits that there are general and omnibus allegations made in the FIR against the entire family. The further submission is that petitioner had no concern with the internal dispute of the husband and wife (deceased) and she has been residing separately from them since long. It is also pointed out that the husband of the deceased, who is primarily responsible for the welfare of his wife, has already surrendered before the learned Court below on 05.01.2025 and at present, he is in custody.

8. Learned APP for the State and learned counsel appearing for the informant oppose the prayer for bail.

9. Considering the general and omnibus nature of allegations and also the fact that the husband of the deceased is already in custody, I am inclined to grant the privilege of

Patna High Court CR. MISC. No.83177 of 2024(3) dt.28-04-2025 3/3 anticipatory bail to petitioner no.2, who has no criminal antecedent. Let the petitioner no.2, above named, in the event of her arrest or surrender before the Court below within four weeks, 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-1st West, Muzaffarpur in connection with Motipur P.S. Case No. 205 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023.

10. Accordingly, this application stands partly allowed. (Soni Shrivastava, J) divyanshi/- U T