Raju Pa @ Raju Paswan vs The State Of Bihar
2021 Latest Caselaw 1598 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 31853 of 2020
           Arising Out of PS Case No.-184 Year-2019 Thana- ALAULI District- Khagaria
     ======================================================

1. Raju Pa @ Raju Paswan, aged about 35 years, Male, Son of Baleshwar Paswan.

2. Khushbu Devi, aged about 30 years, Female, Wife of Raju Pa @ Raju Paswan.

Both are resident of Village-Parri, PS-Alauli, District-Khagaria.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s    :        Mr. Ram Sumiran Rai, Advocate
     For the State           :        Mr. Choubey Jawahar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-03-2021

Heard Mr. Ram Sumiran Rai, learned counsel for the

petitioners and Mr. Choubey Jawahar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioners apprehend arrest in connection with

Alauli PS Case No. 184 of 2019 dated 13.06.2019, instituted

under Sections 302/34 of the Indian Penal Code.

3. The petitioner no. 1 is the elder brother of the

husband of the deceased whereas petitioner no. 2 is the wife of

petitioner no. 1. The allegation against them and other family

members is of killing the victim by strangulation.

4. Learned counsel for the petitioners submitted that

they have no role in the death of the daughter of the informant as Patna High Court CR. MISC. No.31853 of 2020 dt.22-03-2021

they were separate in mess and residence from the family of the

deceased. Learned counsel submitted that marriage took place in

the year 2009 whereas, death has occurred in the year 2019 and

though the allegation is that the occurrence took place because of

non-fulfillment of demand of dowry but in the past there has been

no complaint before any authority or police with regard to any

demand made by the accused, especially, the petitioners. It was

submitted that the petitioners have no concern with the affairs of

the deceased and her husband and that during police investigation,

it has come that there were differences between the deceased and

her husband and he had also threatened her. Learned counsel

submitted that the father-in-law of the deceased, another brother

of the husband of the deceased and his wife; namely Baleshwar

Paswan, Surendra Paswan and Rina Devi, respectively, have been

granted anticipatory bail by a co-ordinate Bench by order dated

18.06.2020 in Cr. Misc. No. 397 of 2020. Learned counsel

submitted that during investigation it has come that the petitioner

no. 2 was not even present at the time of occurrence as she had

gone to the mundan ceremony of her nephew.

5. Learned APP, from the case diary, submitted that

witnesses have supported the prosecution story and the petitioners Patna High Court CR. MISC. No.31853 of 2020 dt.22-03-2021

were also involved in demand of dowry and the death of the

daughter of the informant.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned Judicial Magistrate, 1st Class Khagaria in Alauli PS Case

No. 184 of 2019, subject to the conditions laid down in Section

438(2) of the Code of Criminal Procedure, 1973. The petitioners

shall co-operate with the Court/police/prosecution. Failure to do

so shall lead to cancellation of their bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T