Dharmendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16288 of 2020 Arising Out of PS. Case No.-190 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== DHARMENDRA PASWAN S/o Parmanand Paswan R/o Bharatkhand, Budhnagar, P.S.- Parbatta, Distt.- Khagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-06-2020 Heard both sides through Video Conferencing.

The petitioner seeks bail in Barhara P.S. Case No.190 of 2019 registered under Section 302 of the Indian Penal Code. The informant, father of the deceased, alleged that he got his daughter married with the petitioner in the year 2008 and his daughter got four children from the wedlock but the petitioner was always torturing his daughter. He always persuaded the petitioner not to assault his daughter. On 20.08.2019, the informant got information about the death of his daughter and went to the house of his daughter. The informant found the dead body of his daughter lying in the courtyard. The learned counsel for the petitioner submits that petitioner is husband of the deceased. Nobody has seen the occurrence. The deceased herself committed suicide. Petitioner

Patna High Court CR. MISC. No.16288 of 2020(2) dt.02-06-2020 2/2 is in jail since 22.08.2019. Petitioner has already remained in jail for about ten months but it appears that the deceased died of strangulation and it is not a case of suicide. The dead body of the deceased was found lying in the courtyard of the house of the petitioner. It is the petitioner who is to disclose how his wife died but the petitioner did not disclose any relevant facts about the death of his wife. On the face, it appears that wife of the petitioner was strangulated to death.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to hold the trial on day to day basis and conclude the trial within nine months from the date of receipt of this order.

If the trial is not concluded within nine months from the date of receipt of this order, the petitioner may renew his prayer for bail.

(Prabhat Kumar Jha, J) Saurabh/- U T