Rajgir Paswan @ Rajgeer Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16663 of 2021 Arising Out of PS. Case No.-25 Year-2019 Thana- ANGARH District- Purnia ====================================================== Rajgir Paswan @ Rajgeer Paswan Son of Kusheshwar Paswan R/o VillageDhusmal, P.S.- Angarh, District- Punea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Bidhu Ranjan, Adv.
For the Opposite Party/s :
Mr. Abhay Kr. No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within three weeks of normal functioning of the court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in a case registered for the offence punishable under Sections 498A, 302/34 of the Indian Penal Code.
Allegation against the petitioner is that he along with his family members killed the daughter of the informant. Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in this case. He submits that his wife had committed suicide by hanging and as soon as he came to know about the said incident, he himself gave information to his brother-in-law about the death of his
Patna High Court CR. MISC. No.16663 of 2021(2) dt.06-07-2021 2/2 wife. He submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner. He submits that petitioner has no criminal antecedent and he is languishing in judicial custody since 29.01.2020.
From perusal of the impugned order, it appears that there was bruise over both upper limbs and chests as well as over eyes. Postmortem report further shows that the cause of death was due to asphyxia as a result of strangulation. Considering the facts and circumstances of the case and the fact that the petitioner is the husband of the deceased, I am not inclined to enlarge the petitioner on bail. Accordingly, his payer for bail is rejected in connection with Sessions Case No. 128 of 2020 arising out of Angarh P.S. Case No. 25 of 2019 pending before the court of the learned 8th Additional Sessions Judge, Purnea.
Accordingly, the application is dismissed. However, trial court is directed to expedite the trial. (Anjani Kumar Sharan, J) devendra/- U T