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Patna High CourtCR. MISC./37517/2016dismissed

Prakash Paswan v. The State Of Bihar

2017-04-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37517 of 2016 Arising Out of PS.Case No. -240 Year- 2015 Thana -RAJAUN District- BANKA ====================================================== Prakash Paswan Son of Late Hari Kishan Paswan resident of VillageKurumchak, P.S.- Rajoun, District- Banka. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sessions Trial No. 97 of 2016, arising out of Rajoun P.S.Case No. 240 of 2015 registered for the offences punishable under Sections 498A and 304B of the Indian Penal Code.

It has been submitted on behalf of the petitioner that cause of death of deceased was not found during post mortem examination and report of FSL is awaiting and none of the villagers has supported the prosecution case and he is in custody for one year.

Heard learned APP also, who has opposed the prayer for bail stating that there is allegation of demand of dowry as well as torture against the petitioner, who is husband of the deceased.

Patna High Court Cr.Misc. No.37517 of 2016 (4) dt.07-04-2017 2/2 Having heard both sides and considering the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner. Prayer for bail is rejected.. However, considering the fact that petitioner is in custody for the last one year, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible, preferably within a period of one year. (Vinod Kumar Sinha, J) spal/- U