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Patna High CourtCR. MISC./86346/2019bail granted

Bhola Paswan @ Chhattis Paswan v. The State Of Bihar

2020-06-01Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86346 of 2019 Arising Out of PS. Case No.-133 Year-2019 Thana- RANIYATALAB District- Patna ====================================================== 1.

BHOLA PASWAN @ CHHATTIS PASWAN Son of Dashrath Paswan @ Dashrath Paswn Resident of Village - Barah, P.S.- Rani Talab, District - Patna.

2.

Dashrath Paswan @ Dashrath Paswn Son of Late Gaya Paswan Resident of Village - Barah, P.S.- Rani Talab, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seeks bail in a case registered for the offence punishable under Sections 364/34 of the I.P.C.

Allegation against petitioners is of torturing and killing the daughter of the informant due to non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.86346 of 2019(4) dt.01-06-2020 2/3 It has been submitted on behalf of petitioners that petitioner No. 1 is Devar and petitioner No. 2 is father-in-law of deceased Hema Devi. There is no specific allegation against them of any overt act and allegation against them is general and omnibus in nature. Petitioners reside separately from the deceased and her husband and they have no concern with them. It has been further submitted that deceased committed suicide because petitioner No. 2 father-in-law of the deceased had purchased some land in his own name but she wanted to purchase the said land in her name and due to this reason there was quarrel and she committed suicide. Petitioners have no criminal antecedents and petitioners are in custody since 05.06.2019 and 06.06.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with Special S.T. No. 974 of 2019 (arising out of Rani Talab P.S. Case No. 133 of 2019) subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the

Patna High Court CR. MISC. No.86346 of 2019(4) dt.01-06-2020 3/3 jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and their absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel their bail bond.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) veena/rajivU T