Vijay Paswan @ Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11882 of 2024 Arising Out of PS. Case No.-17 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== Vijay Paswan @ Vijay Kumar Son of Jailal Paswan @ Jailal Ram, Village -Prataptand Ward No 6 PS-Bhagwanpur District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No.17 of 2023 registered under Sections 304B, 201, 120B and 34 of the I.P.C.

3. As per prosecution case, it is alleged that due to non-fulfillment of demand of dowry, the daughter of the informant was subjected to torture and thereafter she was killed and her dead body was removed by the accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The deceased, who was the wife of petitioner, leading happy conjugal life with the petitioner, however, the deceased left her matrimonial house and eloped with another man which

Patna High Court CR. MISC. No.11882 of 2024(5) dt.06-09-2024 2/2 was communicated to the parents of the deceased who on the basis of suspicion filed the case against the petitioner. The petitioner is in custody since 05.09.2023 having no criminal antecedent. He undertakes to cooperate in the trial.

5. Learned A.P.P. vehemently opposes the prayer for bail of the petitioner and submits that in the postmortem report of the deceased external injuries have been found over her body as her hands were tied and injuries have also been found at her lips, left wrist and on toe of the left foot. The cause of death has been found as strangulation. He further submits that there is nothing on record to show that the deceased had eloped with some other person.

6. Having considered the facts and circumstances of the case particularly the fact that the petitioner, who is the husband of the deceased against whom there is charge of causing dowry death, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

(Sunil Dutta Mishra, J) Harish/- U T