Allowed

Birbali Paswan and Ors. v. State Of Bihar and Anr.

Patna HC9 Nov 2017CR. MISC./53323/2017

Case brief

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What is this about?

Patna High Court granted anticipatory bail to five petitioners in a case registered under sections 498A IPC and Section 4 of the Dowry Prohibition Act, conditioned on surrender within six weeks and furnishing sureties.

What did the court decide?

Petitioners to be released on anticipatory bail on surrender within six weeks with bail bonds of Rs.10,000 and two sureties of like amount each to the S.D.J.M., Bettiah.

Birbali Paswan and Ors. Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.53323 of 2017

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Arising Out of PS. Case No.-1624 Year-2016 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran

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======================================================

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Birbali Paswan S/o Late Paras Paswan

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Krishna Paswan S/o Late Paras Paswan

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Patasi Paswan @ Patali Paswan S/o Late Paras Paswan

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Krishnawati Devi D/o Late Paras Paswan

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Sunita Devi w/o late Paras Paswan, all five are resident of village Ekadari, P.S. Gopalpur, District West Champaran at present village Jbadi Farm, P.S. Bhagaha, Distt. West Champaran

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Triloki Paswan S/o Kapil Paswan, R/o Banipur Pipra, Near Pipra Chowk, P.S. Gaunaha, Dist. West Champaran

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Meera Devi w/o Jitendra Paswan @ Rajbali Paswan D/o Chandrika Paswan, resident of village Ekadari, P.S. Gopalpur, District West Champaran and Jabdi Farma, P.S. Bhagaha, Dist. West Champaran, at present village Bali Rampur, P.S. Majhaulia, Dist. West Champaran

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. SRI DASHRATH MEHTA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 09-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners are apprehending their arrest in a case registered under Section 498A of the Indian Penal Code and 4 of Dowry Prohibition Act.

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Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry.

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It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the

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Patna High Court Cr.Misc. No.53323 of 2017(2) dt.09-11-2017 2/2

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petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

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On behalf of the State, it is submitted that the petitioners are named in the complaint case.

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Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bettiah, West Champaran in connection with Tr. No.1175 of 2017 arising out of Complaint case No.1624 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sudhir Singh, J)

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Narendra/-

Birbali Paswan and Ors. v. State Of Bihar and Anr.

Case brief

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Birbali Paswan and Ors. v. State Of Bihar and Anr.

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