Pawan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24597 of 2024 Arising Out of PS. Case No.-484 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== Pawan Singh Son Of Late Ram Kripal Singh Resident Of Village - Chaunri, Aurangabad, Police Station - Daudnagar, District - Aurangabad, Bihar - 824127 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhakar Sahai, Advocate For the Opposite Party/s :

Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-12-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Daudnagar P.S. Case No. 484 of 2023, instituted for the offences punishable under Sections 498(A), 494, 302, 201, 120(B)/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner demanded dowry of Rs. 2 lakhs from the deceased and on nonfulfillment of dowry, daughter of the informant was done to death by the petitioner along with his second wife and children of second wife and other family members.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.24597 of 2024(8) dt.09-12-2024 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is the husband of the deceased. The informant who is the father of the deceased never accepted another lady in his daughter's life and tried to mislead her. It is further submitted that previously the deceased suffered from Covid and after a couple of weeks of her recovery, day-by-day her health condition deteriorated and she died due to heart attack. The petitioner is in custody since 14.08.2023 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is also submitted that the petitioner is named in the FIR and there is direct allegation against the petitioner of demanding dowry and assaulting the deceased. It is further submitted that as per report, the Trial is already in progress, no prosecution witnesses have been examined at this stage and is likely to be concluded within six months. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence,

Patna High Court CR. MISC. No.24597 of 2024(8) dt.09-12-2024 3/3 this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected. The trial Court is directed to expedite the Trial expeditiously.

(Rudra Prakash Mishra, J) Rajorshi/- U T