Udal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52947 of 2017 Arising Out of PS.Case No. -38 Year- 2016 Thana -KALER District- JEHANABAD ====================================================== Udal Paswan, Son of Ram Jee Paswan, Resident of -Jalwaiya, P.S.-Kaler, Dist-Arwal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Mandal, Advocate. For the Opposite Party/s : Mr. Ahtash Ali Khan, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kaler P.S. Case No. 38 of 2016 registered under Sections 304B and 201/34 of the Indian Penal Code.

The petitioner is said to have strangulated to death his wife over dowry demand and dumped her body in the Sone River in association of his family members.

It is submitted by learned counsel for the petitioner that the allegation levelled against the petitioner is not specific rather omnibus. Two of the witnesses in the case diary have divulged about committing suicide by the deceased by hanging herself from ceiling. The petitioner has been languishing in

Patna High Court Cr.Misc. No.52947 of 2017 (3) dt.13-12-2017 2/2 custody since 04.12.2016. Chargesheet in the case has already been submitted. It is also submitted that after committing suicide by the deceased, the petitioner had informed the maternal people of the deceased and they had arrived at the place of occurrence and after knowing the actual state of affair, falsely implicated the petitioner in the case on failure of bargaining made by them. On the other hand, it is submitted by learned APP that the petitioner happens to be husband of the deceased and there is allegation of dowry death against him. The witnesses examined by the I.O. have supported the prosecution case. Post mortem report also corroborates the occurrence.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Prayer for bail of the petitioner is rejected.

However, learned Trial Court is directed to conclude the trial as expeditiously as possible preferably within nine months from the date of commitment of the case. (Prakash Chandra Jaiswal, J) Mishra/- U T