Bhuneshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.557 of 2024 Arising Out of PS. Case No.-341 Year-2023 Thana- RAFIGANJ District- Aurangabad ====================================================== 1.

Bhuneshwar Paswan S/O Late Mahendra Paswan R/O VILLAGE- JAKHIM, PS. RAFIGANJ, DIST. AURANGABAD.

2.

RAHUL KUMAR @ RAHUL PASWAN S/O BHUWNESHWAR PASWAN R/O VILLAGE- JAKHIM, PS. RAFIGANJ, DIST. AURANGABAD. 3.

ANJU KUMARI @ ANJU DEVI W/O RAHUL KUMAR @ RAHUL PASWAN R/O VILLAGE- JAKHIM, PS. RAFIGANJ, DIST. AURANGABAD.

4.

PUNAM DEVI W/O BHUWNESHWAR PASWAN R/O VILLAGEJAKHIM, PS. RAFIGANJ, DIST. AURANGABAD. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Ms. Sakshi Deep, Adv.

For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-01-2024 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Rafiganj P.S. Case No. 341 of 2023, registered for the offences punishable under Sections 304(B), 341, 323, 504/34 of the Indian Penal Code.

3. As per allegation, the marriage of the deceased was solemnized with co-accused Sanjeet Paswan in the year 2019. The couple were blessed with a daughter who was aged about

Patna High Court CR. MISC. No.557 of 2024(2) dt.31-01-2024 2/3 three years at the time of lodging of the complainant. The complainant/informant received information on 22.03.2023 that the condition of his daughter was not good. He rushed there and saw his daughter in the courtyard, the froth was emanating from her mouth. She was brought to the doctor where she was declared dead. The allegation against the husband of the matrimonial inmates is that they were torturing the deceased for non-fulfillment of demand of dowry. After death of the deceased, there was a Brahm Bhoj in her matrimonial house in which the informant/complainant participated and the matrimonial inmates assured to maintain the daughter of the couple and in this respect they executed a notarized affidavit. After three months, i.e., 11.06.2023, the informant came to know that his son-in-law had illicit relation with another lady namely Gita Devi.

Learned counsel for the petitioners has submitted that petitioners are innocent and have falsely been implicated. They are family members of the husband of the deceased having no concern with day-to-day affairs of the couple. Para-8 of the complaint shows that there is allegation against the husband that he had illicit relation with another lady Gita Devi. The petitioners are the family members of the

Patna High Court CR. MISC. No.557 of 2024(2) dt.31-01-2024 3/3 husband of the deceased and there is specific allegation against the husband of having relation with another lady Gita Devi in the complaint itself.

Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Aurangabad in connection with Rajiganj P.S. Case No. 341 of 2023, subject to the conditions as laid down under Section 438(2) CrPC. (Nawneet Kumar Pandey, J) SONALI/- U T