Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18815 of 2025 Arising Out of PS. Case No.-27 Year-2024 Thana- KASMA District- Aurangabad ======================================================
1. Shambhu Paswan Son of Sadhu Sharan Paswan @ Sadhu Paswan Village -Mubarakpur P.s -kasma District -Aurangabad
2. Sadhu Sharan Paswan @ Sadhu Paswan son of Late Bansi Paswan Village -Mubarakpur P.s -kasma District -Aurangabad
3. Champa Devi Wife of Sadhu Sharan Paswan @ Sadhu Paswan Village -Mubarakpur P.s -kasma District -Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vishwa Ranjan Choudhary For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 4 13-08-2025
1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Kasma Police Station Case No. 27 of 2024, dated 23.02.2024, disclosing offences under Sections 304B of the Indian Penal Code. 3. The prosecution case, as per the First Information Report, is that the sister of the informant was married to the co- accused Niranjan Paswan in the year 2018. After the marriage, the accused persons, including the petitioners, started demanding a sum of Rs. 3 Lakh cash and a vehicle
Patna High Court CR. MISC. No.18815 of 2025(4) dt.13-08-2025 2/3 as dowry. Due to non-fulfillment of demand of dowry, they killed the sister of the informant by strangulation. 4. Learned counsel for the petitioners submits that the petitioner no. 1 is Bhesur (elder brother-in-law), petitioner no. 2 is father-in-law and petitioner no. 3 is mother-in-law of the deceased. He next submits that the police investigated the matter and submitted charge-sheet against the husband of the deceased under Section 306 of the Indian Penal Code, who has been granted regular bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 72416 of 2024. He further submits that the police submitted final form on 30.09.2024 exonerating the petitioners from charges, however, learned Magistrate has differed with the final form and has taken cognizance against the petitioners under Section 306 of the Indian Penal Code and other allied sections. 5.
On the other hand, learned counsel for the State and submits that final form has been submitted by the police against the petitioners on 30.09.2024 exonerating them from the charges, however, learned Magistrate has taken cognizance against the petitioners. 6. Having regard to the submissions made on behalf of the
Patna High Court CR. MISC. No.18815 of 2025(4) dt.13-08-2025 3/3 parties and taking into consideration the fact that charge- sheet against the husband of the deceased has been submitted under Section 306 of the Indian Penal Code, who has been granted regular bail by a Co-ordinate Bench, however, final form has been filed by the police not sending the petitioners for trial, I am inclined to grant the petitioners privilege of anticipatory bail. 7. This application is, accordingly, allowed. 8. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, 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 Judicial Magistrate First Class, Aurangabad, in connection with Kasma Police Station Case No. 27 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. ashwani/- (Anil Kumar Sinha, J) U T