Dindyal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82375 of 2019 Arising Out of PS. Case No.-135 Year-2019 Thana- AMARPUR District- Banka ====================================================== 1.

DINDYAL PASWAN Son of Bijoy Paswan 2.

Sumintra Devi @ Geeta Devi Wife of Bijoy Paswan Both are resident of Village - Motia, P.S.- Amarpur (Fulli Dumar), District - Banka.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-12-2019 Heard both sides.

The petitioners apprehend their arrest in connection with Amarpur(Fully Dumar) P.S. Case No.135 of 2019, registered for the offence under Sections 304(B)/201/34 of the Indian Penal Code.

The informant, who is mother of the deceased, disclosed that she got information that the dead body of her daughter was lying near a well. The informant further disclosed that her daughter was married with Bhola Paswan about seven years ago, but her husband, brother-in-law(petitioner Din Dayal Paswan) and Sumintra Devi (mother-in-law) and other in laws of the deceased were torturing her due to non-fulfilment of demand of money.

Patna High Court CR. MISC. No.82375 of 2019(2) dt.12-12-2019 2/2 Learned counsel for the petitioners submits that the petitioners are brother-in-law and mother-in-law of the deceased and the deceased was married with Bhola Paswan about seven years ago. The petitioners were living separately from Bhola Paswan and his wife and before her death, she had never complained against the petitioners for torturing due to nonfulfilment of any demand of dowry. Learned counsel further submits that there is no material to show that the petitioners were torturing the deceased before her death.

Taking into consideration the facts aforesaid and the fact that petitioners are brother-in-law and mother-in-law of the deceased, the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 Chief Judicial Magistrate, Banka in connection with Amarpur(Fulli Dumar) P.S. Case No.135 of 2019, subject to conditions, as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J.)