Rahul Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17542 of 2024 Arising Out of PS. Case No.-407 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== Rahul Paswan S/O Ramanand Paswan, R/O Village- Jituchak, P.S- Naubatpur, Distt.- Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Jitendra Prasad Singh, Advocate Mr. Rajeev Kumar, Advocate Ms. Sripriya Sinha, Advocate For the Opposite Party :

Mr. Bhanu Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-05-2024 Heard Mr. Jitendra Prasad Singh, the learned counsel for the petitioner and Mr. Bhanu Pratap, the learned Additional Public Prosecutor for the State.

2.

Petitioner seeks regular bail who is in custody since 24.06.2022, in connection with STR No. 133 of 2023, arising out of Naubatpur P.S. Case No. 407 of 2022, FIR dated 23.06.2022, registered for the offences punishable under Sections 304(B) and 201 read with Section 34 of the Indian Penal Code.

3.

According to the prosecution case, the daughter of informant was married to the petitioner and the petitioner in, intoxicated condition used to torture informant's daughter and the petitioner's parents also took part in the said torture. It is

Patna High Court CR. MISC. No.17542 of 2024(4) dt.10-05-2024 2/3 further alleged that the informant was informed that his daughter has been murdered by her in-laws and the dead body was suppressed somewhere, which the police later recovered from Hindua Khand orchard (Punpun river).

4.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that the petitioner is husband of the deceased. He further submits that the allegation levelled in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. He lastly submits that the co-accused person namely, Ramanand Paswan (father-in-law of the deceased) has been granted regular bail by this Court vide order dated 20.07.2023 passed in Cr. Misc. No. 16507 of 2023.

5.

The learned Additional Public Prosecutor for the State on the other hand on the materials available or record, case diary and post-mortem report of the deceased has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner and other co-accused persons have committed murder of the deceased and number of ante-mortem injuries were found on the person of the deceased and apart from that internal injuries were also found on the person of the deceased.

Patna High Court CR. MISC. No.17542 of 2024(4) dt.10-05-2024 3/3 6.

Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Naubatpur P.S. Case No. 407 of 2022, pending in the Court of learned Additional Sessions Judge-VI, Danapur, Patna. 7.

Prayer is refused.

(Rajesh Kumar Verma, J) Shahnawaz/- U T