Anesh Paswan @ Anesh Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21524 of 2021 Arising Out of PS. Case No.-60 Year-2020 Thana- KALYANPUR District- East Champaran ====================================================== ANESH PASWAN @ ANESH KUMAR PASWAN SON OF RAM JANAM PAWWAN Resident of Village - Balmi Nankar, P.S.- Kalyanpur, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-10-2021 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. The petitioner seeks bail in connection with Kalyanpur P.S. Case No.60 of 2020, registered for the offence punishable under Sections 304B, 201, 34 of the Indian Penal Code, 1860 (IPC) and 3⁄4 of the D.P. Act.

The prosecution case in short is that the daughter of the informant, who was married with the petitioner has been killed by the petitioner and his family members named in the FIR, due to non-fulfillment of demand of dowry in form of gold chain

Patna High Court CR. MISC. No.21524 of 2021(3) dt.25-10-2021 2/2 and cow. When the informant reached there, he found the dead body of his daughter hanging on ceiling fan.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior and oblique motive. Petitioner is the husband of the deceased. There is general, vague and sweeping allegation levelled against all the accused persons including the petitioner. The Doctor has found the cause of death as Asphyxia due to hanging. The petitioner has no criminal antecedent and has been languishing in custody since 07.07.2020.

Learned APP for the State opposed the prayer for bail by submitting that the petitioner is the husband of the deceased that there is ample evidence against him.

Considering the facts and circumstances of this case, I am not inclined to grant bail to the petitioner named above. The prayer for bail of the petitioner is hereby rejected. However, learned trial court is directed to expedite the trial as expeditiously as possible.

(Anjani Kumar Sharan, J) pallavi/- U T