Labkush Paswan @ Lavakush Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2449 of 2023 Arising Out of PS. Case No.-143 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== LABKUSH PASWAN @ LAVAKUSH PASWAN Son of Late Basudeo Paswan R/V- Geruaru, P.s- Bakhtiyarpur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Bakhtiyarpur P.S. Case No. 143 of 2018 registered for the offence under Section 302, 201/34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 13.09.2019.

The allegation against this petitioner is to commit murder of his wife/daughter of informant, as she protested the illegal activities of petitioner and his family members regarding illicit liquor.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.2449 of 2023(6) dt.11-07-2023 2/3 submitted that the informant is not the eye witness of the occurrence and entire allegation is based upon suspicion. It is submitted that during the course of investigation it appears that the daughter of informant committed suicide after pouring kerosene oil and to put her on fire. It is further submitted that this fact was also supported by different witnesses during the course of investigation and in support of same learned counsel pointed out paragraphs 8 and 9 of the case diary. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail submitted that the daughter of informant was killed in brutal manner by pouring kerosene oil upon her and the fact is found corroborated with postmortem report, where all burn injuries were of ante-mortem in nature.

Considering the facts and circumstances as mentioned above, as burn injuries found ante-mortem in nature, where occurrence took place in the house of petitioner, who is the husband of deceased, this Court is not inclined to grant privilege

Patna High Court CR. MISC. No.2449 of 2023(6) dt.11-07-2023 3/3 of bail to the petitioner, at present.

Accordingly, the prayer for bail of the petitioner is rejected herewith.

Learned Trial Court is directed to conclude the trial, preferably, within a period of 06 (six) months from the date of receipt of the copy of this order, by taking this matter on board, on day-to-day basis, failing which petitioner may renew his prayer of bail, if so advised.

(Chandra Shekhar Jha, J) Archana/- U T