Surendra Paswan @ Sarendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7404 of 2025 Arising Out of PS. Case No.-79 Year-2024 Thana- JADIA District- Supaul ====================================================== Surendra Paswan @ Sarendra Paswan S/O Late Gaango Paswan R/O Charaiya, P.S.- Bhargama, District- Araria, Permanent Add. Naolakhi, Ward No 5, P.S.- Jankinagar, District- Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Jadiya P.S. Case No. 79 of 2024, registered on 21.05.2024, for the alleged offences under Sections 302/34 of the Indian Penal Code.

03. As per prosecution case, the petitioner was having two wives and informant is the son of first wife. Allegation against the petitioner is that he along with his two associates killed the mother of the informant by stabbing her.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is no eye witness to the occurrence except for the

Patna High Court CR. MISC. No.7404 of 2025(3) dt.15-05-2025 2/3 informant who stated that he had seen the petitioner running away from the house. Learned counsel further submits that in fact the marriage of the petitioner was solemnized with the mother of the informant about 25 years ago and in order to falsely implicate the petitioner, the informant has himself killed his mother and named the petitioner in this case. Due to dispute over property, the informant has falsely implicated this petitioner. Even the sister of the informant did not name this petitioner initially rather she stated that she had seen ghosts. The petitioner is having clean antecedent and he is in custody since 25.06.2024. Charge-sheet has been submitted. Learned counsel reiterates that after 25 years of marriage there was no occasion for the petitioner to kill his wife.

05. Learned APP for the State vehemently opposes the submission made on behalf of the petitioner. Learned APP submits that the informant and others have stated about petitioner fleeing away from the place of occurrence with two associates. Even the daughter of the petitioner and sister of the informant has stated that she was sleeping with her deceased mother and she was threatened by the petitioner.

06. Having regard to the fact that there is direct and specific allegation against the petitioner for killing his wife, I

Patna High Court CR. MISC. No.7404 of 2025(3) dt.15-05-2025 3/3 am not inclined to grant bail to the petitioner. Hence, the prayer for bail of the petitioner is rejected.

(Arun Kumar Jha, J) Ashish/- U T