Shiva Paswan @ Mochhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2053 of 2022 Arising Out of PS. Case No.-27 Year-2021 Thana- BUNIYAD GANJ District- Gaya ====================================================== SHIVA PASWAN @ MOCHHU PASWAN Son of Late Chandar Paswan Resident of Village - Bhore, Police Station - Muffasil, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ujjawal Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Section 302 of the Indian Penal Code. The allegation against this petitioner is that he killed the daughter of informant, who was a widow and living with him.

It is submitted on behalf of petitioner that only with a view to harass and extort money from petitioner, this false case has been lodged. The alleged occurrence took place on 08.02.2021, but written report was submitted on 09.02.2021 and copy of the F.I.R. was sent to court on 20.02.2021 without any explanation of delay. Petitioner is a married person, having wife and three children, and as such, there is no question to go in the company of deceased. Petitioner is in custody since 19.03.2021.

Patna High Court CR. MISC. No.2053 of 2022(3) dt.26-04-2022 2/2 However, learned A.P.P. for the State opposed the bail petition and submitted that there is specific allegation against this petitioner of committing murder of the daughter of informant. The deceased used to live with petitioner in a rental accommodation, as husband-wife, and her death was unnatural and all the witnesses have supported the prosecution case. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.

(Prabhat Kumar Singh, J) anay/- U T