Patna High CourtCR. MISC./40112/2015dismissed

Uday Paswan v. The State Of Bihar

2015-10-14Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.40112 of 2015 (3) dt.14-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40112 of 2015 Arising Out of PS.Case No. -231 Year- 2013 Thana -PALIGANJ District- PATNA ====================================================== Uday Paswan Son of Vidhichand Paswan resident of village - Sikandarpur, P.S. Paliganj, District - Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ambika Bhagat For the Opposite Party : Mr. Ram Anurag Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 25.04.2015 in a case instituted under Sections 304(B) and 201/34 of the Indian Penal Code in connection with Paliganj P.S.Case No.231 of 2013 pending in the Court of ACJM, Danapur, Patna. As per allegation, it is a case of murder of informant's niece, namely, Ranju Devi, who was married with Uday Paswan (petitioner) who committed murder with the help of her in-laws due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.04.2015. Chargesheet has been submitted in the case. Petitioner has got no criminal

Patna High Court Cr.Misc. No.40112 of 2015 (3) dt.14-10-2015 antecedent. There is no allegation of tampering of evidence against the petitioner. Petitioner is said to have been made accused due to mistake of fact. There is no eye witness to the occurrence. On behalf of the State, it has been submitted that the petitioner is the husband of the deceased and the main allegation is against him.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the above named petitioner, same is dismissed.

Anyhow, the court below is directed to take all necessary steps to conclude the trial of the petitioner preferably within a period of one year from the date of receipt/production of copy of the order.

(Sudhir Singh, J) B.Kr./- U T