CR. MISC./30056/2020 of VINOD PASWAN Vs The State of Bihar on 23 December 2020

ORAL ORDER

As of now, the Courts have not resumed normalphysical hearing. The matter has been listed today forconsideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master andSecretary are also part of this virtual Court proceedings with theaid of audio visual technology.

Heard learned counsel for the petitioner and thelearned APP for the State.

Petitioner apprehends arrest in connection withVaishali Police Station (for brevity, PS) Case No 137 of 2020instituted for the offence punishable under Sections 304B/34 ofIndian Penal Code.

The informant’s daughter has been done to death fornon-fulfillment of demand of dowry, as per allegation made inthe First Information Report.

It is submitted by petitioner’s counsel that specificallegations whatsoever are against the husband and father-in-lawof the deceased. Against the petitioner and other co-accusedpersons, there is no specific allegation and the implication is byvirtue of relationship with the deceased. Petitioner happens tobe Bhainsur and is separate in mess and house since 8 years.The informant has in fact participated in the funereal ceremonyand after two days, this case has been lodged afterthought.

Learned APP for the State has opposed the prayer foranticipatory bail.

In the facts and circumstances of the case, prayer ofpetitioner for grant of anticipatory bail is allowed. In the eventof surrender/arrest of the petitioner, named above, before theCourt below, within four (04) weeks from today, he shall bereleased on bail on his furnishing bonds of Rs 10,000/- (RupeesTen Thousand) with two sureties of the like amount each to thesatisfaction of Chief Judicial Magistrate, Vaishali at Hajipur inVaishali PS Case No 137 of 2020 subject to the conditions aslaid down under Section 438 (2) of Criminal Procedure Code M.E.H./- U

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and also the following conditions:-

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as tohow he is related with the petitioner. The bailor will alsoundertake to inform the Court if there is any change in theaddress of the petitioner.

(ii) That the petitioner will be well represented oneach date and if he fails to do so on two consecutive dates, hisbail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected tohonour his undertaking given in the instant proceedings todayfor depositing requisite Court fee and removing the defect (s), aspointed out, when called upon to do so.

(Madhuresh Prasad, J)