Santu Paswan @ Santu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75642 of 2019 Arising Out of PS. Case No.-63 Year-2019 Thana- AKHODHIGOLA District- Rohtas ====================================================== 1.

Santu Paswan @ Santu Ram Son of Late Somnath Paswan Resident of Village - Bahori Bigha, P.S.- Akorhi Gola, Distt.- Rohtas. 2.

Sona Devi W/o Santu Paswan Resident of Village - Bahori Bigha, P.S.- Akorhi Gola, Distt.- Rohtas.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Anjani Kumar Jha For the Opposite Party/s :

Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-06-2020 Heard learned counsel for the petitioners and learned counsel for the State via video conferencing. The petitioners have filed the present application for grant of pre-arrest bail in connection with Akorhi Gola P.S. Case No. 63 of 2019 registered for the offence punishable under Sections 304B and 201/34 of the Indian Penal Code. Though, the instant application for grant of pre-arrest bail was filed on behalf of the two petitioners, since petitioner no. 1 Santu Paswan @ Santu Ram was already taken into custody, when the matter was taken up on 26.11.2019 at the request of the petitioners, permission was granted to withdraw the application as far as the petitioner no. 1 is concerned. Today, when the matter has been taken up, learned

Patna High Court CR. MISC. No.75642 of 2019(3) dt.17-06-2020 2/2 counsel appearing for the petitioner no. 2 Sona Devi submitted that in the first information report, it has not been stated that the petitioner no. 2 had in any way participated in the commission of the offence. Her name has been given only because she happens to be the mother-in-law of the deceased. He further contended that even during investigation, nothing specific has transpired as against the petitioner no. 2.

Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. Considering the materials on record, since a plea has been taken in paragraph 15 of the application that the petitioner no. 2 is suffering from blindness, in the event of her arrest or surrender before the court below, she is directed to 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 J.M. 1st Class, Dehri-on-Sone, district-Rohtas in connection with Akorhi Gola P.S. Case No. 63 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Ashwani Kumar Singh, J) rohit/- U T