Vijay Paswan vs The State Of Bihar
2021 Latest Caselaw 2029 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.32841 of 2020
       Arising out of PS. Case No.-271 Year-2019 Thana- NAUTAN District- West Champaran
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1. Vijay Paswan aged about 33 years (M) Son of Shankar Paswan Resident of Village - Khap Tola, Nautan, P.S.- Nautan, Distt.- West Champaran.

2. Mukesh Paswan @ Mukesh Kumar aged about 25 years (M) Son of Shankar Paswan Resident of Village - Khap Tola, Nautan, P.S.- Nautan, Distt.- West Champaran.

3. Saroj Devi aged about 31 years (F) W/o Vijay Paswan Resident of Village -

Khap Tola, Nautan, P.S.- Nautan, Distt.- West Champaran.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s : Mr. Bashishtha Narayan Mishra, Advocate For the State : Mr. Md. Mushtaque Alam, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 18-05-2021 The matter has been heard via video conferencing.

2. Heard Mr. Bashishtha Narayan Mishra, learned

counsel for the petitioners and Mr. Md. Mushtaque Alam, learned

Additional Public Prosecutor (hereinafter referred to as the 'APP')

for the State.

3. The petitioners apprehend arrest in connection with

Nautan PS Case No. 271 of 2019 dated 08.07.2019, instituted

under Section 304(B)/34 of the Indian Penal Code.

4. The petitioner no. 1 is the elder brother of the husband

of the deceased, petitioner no. 2 is the younger brother of the Patna High Court CR. MISC. No.32841 of 2020 dt.18-05-2021

husband of the deceased whereas petitioner no. 3 is the wife of

petitioner no. 1.

5. Learned counsel for the petitioners submitted that

they are living separately and further that marriage had taken place

on 05.06.2019 and the death occurred on 08.07.2019, i.e.,

approximately within one month. Thus, it was submitted that it

cannot be believed that the petitioners would commit such serious

crime within such short span without waiting for the fulfilment of

dowry demand, even if, for the sake of argument, it is accepted to

be true. It was submitted that in the FIR itself the informant has

stated that he had given motorcycle, ornaments including gold

ring, nose ring, ear ring and furniture also and, thus, it cannot be

believed that within such a short span she would be burnt to death.

Further, it was submitted that the petitioners no. 1 and 3 had gone

to the maternal house of the petitioner no. 3 to see her ailing

mother and were not present on the fateful day and on hearing the

news they had come to the village. It was submitted that even the

petitioner no. 2 lived with his parents separately from the deceased

and her husband. Learned counsel submitted that the husband of

the petitioner is in custody and the petitioners have no criminal

antecedent. It was submitted that witnesses have stated that on

seeing fire from the house they had rushed to the spot and they had Patna High Court CR. MISC. No.32841 of 2020 dt.18-05-2021

broken open the door and had found the victim who was on fire

with smell of kerosene oil.

6. Learned APP, from the case diary, submitted that a

young woman has been burnt to death. However, it was not

controverted that death occurred about a month from marriage and

that witnesses have stated that they had rushed to the house and

had broken open to the door find the deceased burning.

7. 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

Chief Judicial Magistrate, West Champaran in Nautan PS Case No.

271 of 2019, subject to the conditions laid down in Section 438(2)

of the Code of Criminal Procedure, 1973 and further (i) that one of

the bailors shall be a close relative of the petitioners, (ii) that the

petitioners shall also give an undertaking to the Court that they

shall not indulge in any illegal/criminal activity, act in violation of

any law/statutory provisions, tamper with the evidence or

influence the witnesses. Any violation of the terms and conditions

of the bonds or the undertaking shall lead to cancellation of their Patna High Court CR. MISC. No.32841 of 2020 dt.18-05-2021

bail bonds. The petitioners shall cooperate with the

Court/police/prosecution. Failure to cooperate shall also lead to

cancellation of their bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioners, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioners.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Vikash/-

AFR/NAFR U T