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2025 DAILYLAW 59018 (PAT)

Posan Paswan v. The State of Bihar

CR. MISC./49940/2024 · 2025-04-04

Ashok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49940 of 2024 Arising Out of PS. Case No.-139 Year-2024 Thana- MAHUA District- Vaishali ====================================================== 1. Posan Paswan, S/o Ramlal Paswan @ Ramlal Pswan, R/o Vill. Mukundpur Malpur Singhara, P.S.- Mahua, Dist. Vaishali 2. Ritmala Devi W/o Bhola Paswan R/o Vill. Mukundpur malpur singhara, P.S. Mahua, Dist. Vaishali 3. Bhola Kumar Paswan @ Bhola Paswan, S/o Ramlal Paswan @ Ramlal Pswan, R/o Vill. Mukundpur Malpur Singhara, P.S.- Mahua, Dist. Vaishali 4. Rita Devi W/o Posan Paswan, R/o Vill. Mukundpur Malpur Singhara, P.S. Mahua, Dist. Vaishali 5. Ramlal Paswan @ Ramlal Pswan, S/o Sukhdev Paswan, R/o Vill. Mukundpur Malpur Singhara, P.S.- Mahua Dist. Vaishali 6. Sohagwa Devi @ Sohgiya Devi, W/o Ramlal Paswan @ Ramlal Pswan, R/o Vill. Mukundpur Malpur Singhara, P.S.- Mahua Dist. Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 52986 of 2024 Arising Out of PS. Case No.-139 Year-2024 Thana- MAHUA District- Vaishali ====================================================== 1. Kailash Paswan, Son of Late Sukhdev Paswan, Resident of Village - Mukundpur Singhara, P.S.- Mahua, District - Vaishali. 2. Dukhan Paswan, Son of Late Sukhdev Paswan, Resident of Village - Mukundpur Singhara, P.S.- Mahua, District - Vaishali. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 49940 of 2024) For the Petitioner/s : Mr. Priyesh Kumar, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP (In CRIMINAL MISCELLANEOUS No. 52986 of 2024) For the Petitioner/s : Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 5 04-04-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. Patna High Court CR. MISC. No.49940 of 2024(5) dt.04-04-2025 2/3 2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Mahua P.S. Case No. 139 of 2024 instituted for the offence under Sections 302, 201/34 of the Indian Penal Code. 3. The case of the prosecution is that the daughter of the informant, namely, Gunja Kumari was married to one Santosh Paswan in the year 2015. After some days of marriage, the husband and father-in-law demanded motorcyle and Rs. 1Lakh cash and for that she was being subjected to cruelty. On 19.03.2024, her in-laws killed and concealed the dead body. 4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The petitioners are in-laws and that they are not in any way concerned with the occurrence. The husband of the deceased is already in custody. There is no specific allegation against the petitioners. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. 5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of bail of the petitioners and submitted that from perusal of the case diary, it transpires that all the witnesses have stated that the Patna High Court CR. MISC. No.49940 of 2024(5) dt.04-04-2025 3/3 in-laws committed murder of the deceased Gunja Kumari. 6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Mahua P.S. Case No. 139 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur, subject to the conditions as laid down under section 438(2) of the Cr.P.C. lata/- (Ashok Kumar Pandey, J) U T