Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 18512 of 2019 Arising Out of PS. Case No.-112 Year-2017 Thana- HALSI District- Lakhisarai ====================================================== MUKESH PASWAN, Son of Suresh Paswan, Resident of Village - Surari, Gram Panchyat, Emam Nagar, P.S.- Halsi, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Yadav, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 04-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Halsi P.S. Case No.112 of 2017 instituted for the offence under Section(s) 304-B/34 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Lakhisarai.

Petitioner is husband of the deceased.

In the written report, it is alleged that deceased was married with petitioner about one and half years ago. The petitioner always used to commit torture with the deceased for non-fulfillment of demand of dowry. It is alleged that on 02.11.2017 at 7.30 PM the petitioner had given threat to the informant of dire consequence to his daughter. It is further alleged that after 10 minutes the informant learnt that petitioner

Patna High Court CR. MISC. No. 18512 of 2019(4) dt.04-07-2019 2/2 and his other family members have caused burn injuries to his daughter by sprinkling kerosene oil. The informant met his daughter in Sheikhpura Nursing Home. She told the informant that she has been burnt by the petitioner and his family members. She was referred to PMCH where she died on 11.11.2017.

Counsel for the petitioner submits that occurrence is said to have taken place on 02.11.2017 and the First Information Report has been lodged on 11.11.2017.

Learned APP has submitted that death of victim has occurred on 11.11.2017. Thereafter, First Information Report has been lodged. Postmortem report is available in the case diary, which shows that death has occurred due to burn injuries. The doctor has found extensive burn injuries over the body. In such circumstances, this Court is not inclined to enlarge the petitioner on bail at this stage. Prayer of the petitioner for grant of bail is rejected. The trial Court is directed to expedite the trial. (Sanjay Priya, J) J. Alam/- U T