Rajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34290 of 2018 Arising Out of PS. Case No.-437 Year-2017 Thana- TURKAULIYA District- East Champaran ====================================================== Rajesh Paswan, Son of Gopal Paswan, Resident of Village- Raghunathpur, P.S.- Raghunathpur, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kishore Thakur For the Opposite Party/s :

Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Turkauliya (Raghunathpur) P.S. Case No. 437 of 2017, registered for the offences punishable under Sections 304(B)/120(B) of the Indian Penal Code and later on, Sections 302/34 of the Indian Penal Code was added.

The allegation is regarding the husband having killed his wife on account of non fulfillment of the demand for dowry. The learned counsel for the petitioner submits that there is no marks of external injury. It is also submitted that the petitioner is languishing in custody since 11.08.2017. Per contra, the learned A.P.P for the State has submitted

Patna High Court Cr.Misc. No.34290 of 2018(3) dt.23-07-2018 2/2 that the present case is a clear cut case of the petitioner having killed his wife and the marriage had taken place only two years back. It is further submitted that there are ample materials in the case diary to connect the petitioner with the alleged crime. Lastly, it is submitted that ligature mark has been found on the neck of the victim lady and the victim lady had died of asphyxia due to hanging. Therefore, the complicity of the petitioner is writ large from the records.

Having regard to the facts and circumstances of the case, I do not find any merit in the present petition, accordingly, the same is dismissed.

(Mohit Kumar Shah, J) ajay gupta/- U T