Harinarain Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60685 of 2018 Arising Out of PS. Case No.-287 Year-2018 Thana- BAHADURPUR District- Darbhanga ======================================================

1. Harinarain Paswan, Son of Late Lakshman Paswan,

2. Vikash Paswan @ Vikash Kumar Paswan, Son of Harinarain Paswan,

3. Sapna Devi, Wife of Vikash Paswan, All resident of VillageChhapra Dih, P.S.- Bahadurpur (Fekla O.P.), DistrictDarbhanga.

4. Laloo Paswan @ Abhijeet Paswan, Son of Nand Kumar Paswan @ Nandu Paswan, Resident of Village- Hathri Kothi (Makridih Tola), Police Station- Haya Ghat, District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-11-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

Sister of the informant died in her matrimonial house in unnatural circumstances.

Allegation is that there was demand of dowry before the death and for non-fulfillment there was torture by the in-laws including the petitioners.

Patna High Court Cr.Misc. No.60685 of 2018(3) dt.19-11-2018 2/3 Submission of the learned counsel for the petitioners is that the allegation of demand is not specific nor the nature of demand has been stated in the FIR or by any witnesses before the police. Moreover, some independent witnesses stated before the police that the deceased was insisting to go along with her husband at Jamsedpur where husband was doing job. When the husband of the deceased declined for the reason of marriage in the family, she committed suicide.

Considering the fact that even the nature of demand is not disclosed anywhere in the FIR or in the case diary as well as considering the different reasons for death, which has surfaced during investigation, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bahadurpur (Fekla O.P.) Police Station Case No. 287 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall

Patna High Court Cr.Misc. No.60685 of 2018(3) dt.19-11-2018 3/3 fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./R.RanjanU T