Dinesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4438 of 2020 Arising Out of PS. Case No.-106 Year-2008 Thana- PUNPUN District- Patna ====================================================== DINESH PASWAN, aged about 39 years, Male, Son of Krishna Paswan, Resident of Village - Chulihara Chak, P.S.- Punpun, Distt - Patna ... Petitioner

Versus

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

For the Petitioner :

Mr. Vibhuti Ranjan Sonvadra, Adv.

For the Opposite Party :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-07-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state through video conferencing.

The petitioner seeks bail in connection with Sessions Case No. 658 of 2019 arising out of Punpun P.S. Case No. 106 of 2008, pending in the Court of the Additional Sessions Judge, II, Patna, registered under Sections 304B and 201/34 of the Indian Penal Code.

The accusation is of killing of sister of the informant, Shrikant Paswan, within six years of marriage for nonfulfillment of demand of dowry and throwing the dead body in the well.

Submission is that the petitioner is the husband of the deceased, Sanju Devi, sister of the informant, Shrikant Paswan, and is in custody since 01.03.2019. Further, submission is that

Patna High Court CR. MISC. No.4438 of 2020(4) dt.09-07-2020 2/2 none had seen the occurrence of killing of the deceased sister of the informant and her dead body was not found in the house of the petitioner rather the same was found in the well situated in the village.

On perusal of the case diary, it appears that admittedly the deceased wife of the petitioner died within seven years of her marriage. The inquest report shows that the dead body of the deceased was recovered from the well containing the saree in her neck and the post mortem report, as detailed in paragraph 154 of the case diary, shows the cause of death is asphyxia due to hanging, as one ligature mark 121⁄2" x 1⁄4" x 1⁄2" around the neck was found and some abrasions and bruises were also found.

Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of bail to the petitioner. The prayer for bail is rejected. (Rajendra Kumar Mishra, J) Shamshad/- U T