Sangita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82536 of 2023 Arising Out of PS. Case No.-228 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1.
SANGITA DEVI WIFE OF MUKESH PASWAN RESIDENT OF VILLAGE- CHAITA MAI ASHTHAN, P.S.- PAKRIDAYAL DISTRICTEAST CHAMPARAN 2.
PUNAM DEVI WIFE OF RAJU PASWAN @ RAJU KUMAR PASWAN RESIDENT OF VILLAGE- CHAITA MAI ASHTHAN, P.S.- PAKRIDAYAL DISTRICT- EAST CHAMPARAN 3.
RAJU KUMAR PASWAN @ RAJU PASWAN SON OF LATE GAGANDEO PASWAN RESIDENT OF VILLAGE- CHAITA MAI ASHTHAN, P.S.- PAKRIDAYAL DISTRICT- EAST CHAMPARAN 4.
MUKESH PASWAN SON OF LATE GAGANDEO PASWAN RESIDENT OF VILLAGE- CHAITA MAI ASHTHAN, P.S.- PAKRIDAYAL DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prateek Tandon, Adv.
For the Opposite Party/s :
Mr.Umanath Mishra, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.
3. All the F.I.R. named accused persons including these petitioners, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have
Patna High Court CR. MISC. No.82536 of 2023(2) dt.05-01-2024 2/3 committed murder of the daughter of the informant after assaulting and cremated her dead body.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners are family members of the husband of the deceased. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that husband of the deceased is already in custody since 17.01.2023, as mentioned in Para 8 of the bail application. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as husband of the deceased is already in judicial custody and there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two
Patna High Court CR. MISC. No.82536 of 2023(2) dt.05-01-2024 3/3 sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Pakridayal P.S. Case No. 228 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T