Ashok Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10493 of 2024 Arising Out of PS. Case No.-161 Year-2019 Thana- BELA District- Sitamarhi ====================================================== Ashok Kumar Paswan Son of Jay Narayan Paswan @ Jai Narayan Paswan @ Jai Paswan Resident of Village- Gorhari, Police Station- Bela, DistrictSitamarhi ... ... Petitioner/s

Versus

1.

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-07-2024 Heard the learned counsel for the petitioner and the learned APP for the State.

2.

The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Bela P.S.Case No. 161 of 2019, registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code, inasmuch as this Court had earlier rejected the prayer of the petitioner for grant of regular bail, by an order dated 3.2.2023, passed in Criminal Miscellaneous No. 57620 of 2022. 3.

The case of the prosecution in brief, according to the informant, is that he had solemnized the marriage of his daughter with the petitioner herein according to Hindu customs

Patna High Court CR. MISC. No.10493 of 2024(2) dt.12-07-2024 2/3 and rites, whereafter her daughter had gone to her matrimonial home, however, subsequently, the accused persons including the petitioner had started demanding dowry and finally, on 08.07.2019, the accused persons including the petitioner had murdered the daughter of the informant by hanging her, on account of non-fulfilment of the demand for dowry. 4.

The learned counsel for the petitioner submits that all the prosecution witnesses except the informant and the Doctor have been examined, hence, the learned Trial Court be directed to expedite the trial.

5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, this Court finds that the impugned order dated 23.7.2022 is quite exhaustive, from a bare perusal whereof, the complicity of the petitioner in the alleged occurrence is writ large and he appears to be prima facie responsible for having murdered his wife on account of non-fulfillment of the demand for dowry, apart from the fact that there is no change in circumstance so as to warrant reconsideration of the prayer of the petitioner for

Patna High Court CR. MISC. No.10493 of 2024(2) dt.12-07-2024 3/3 grant of bail, hence, I do not find any merit in the present petition, thus, the same stands dismissed. Nonetheless, the Trial Court is directed to expedite the trial.

(Mohit Kumar Shah, J) Ajay/- U T