Mayachand Paswan @ Himanchal Paswan v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 302, 304B
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr. Prateek Tandon, Adv Mr. Anil Kumar, APP 2 12-11-2024 Heard the parties.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304B, 302, 34 of the Indian Penal Code.
Allegedly, the petitioners are said to have killed the daughter of informant on the pretext of non-fulfillment of demand for dowry.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The Patna High Court CR. MISC. No.76768 of 2024(2) dt.12-11-2024 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He further submits that the petitioners are the in-laws of the deceased and the husband of the deceased has already been acquitted by the Trial Court in Trial No.1041 of 2023. Petitioners have no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Adapur P.S. Case No.328 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. shikha/- U T (Anjani Kumar Sharan, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.