Bijali Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86790 of 2024 Arising Out of PS. Case No.-527 Year-2024 Thana- MAHUA District- Vaishali ====================================================== 1.

Bijali Paswan S/O Shivanandan Paswan Resident of Village- Mahua Singh Rai, P.S.- Mahua, District- Vaishali.

2.

Raj Kumar Paswan @ Raj Kumar S/O Bijali Paswan Resident of VillageMahua Singh Rai, P.S.- Mahua, District- Vaishali. 3.

Aasha Devi @ Aasha Kumari @ Aash Kumari W/O Raj Kumar Paswan @ Raj Kumar Resident of Village- Mahua Singh Rai, P.S.- Mahua, DistrictVaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan No. II, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioners, learned APP for the State and perused the case diary.

2. The petitioners apprehend arrest in connection with Mahua P.S. Case No. 527 of 2024, registered under Sections 304(B), 201 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the sister of the informant was done to death and her dead body was disappeared by her husband and in-laws due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.86790 of 2024(3) dt.10-01-2025 2/3 present case. Learned counsel for the petitioners also submits that the allegation levelled against the petitioners are general and omnibus in nature. No specific allegation has been attributed against the petitioners. It is next submitted that petitioner no. 1 is father-in-law, petitioner no. 2 is brother-in-law and petitioner no. 3 is gotni of the deceased. It is pertinent to mention here that husband of the deceased is in judicial custody. The petitioners are separate in mess and business from the husband of the deceased. The petitioners have got no criminal antecedent. Learned counsel for the petitioners further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 21.10.2024 passed in Cr. Misc. No. 73257 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances, let the petitioners, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mahua P.S. Case No.

Patna High Court CR. MISC. No.86790 of 2024(3) dt.10-01-2025 3/3 527 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T