Rajan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47222 of 2016 Arising Out of PS.Case No. -344 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================
1. Rajan Paswan S/o Suranjan Paswan R/o Village Jairam Sahbajpur, P.S. Hajipur Sadar, Distt. Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-04-2017 The petitioner is in custody since 06.03.2016 in connection with Hajipur Sadar P.S. Case No. 344 of 2015, registered for offences punishable under Sections 498A, 304(B), 201 and 120(B)/34 Indian Penal Code.
It has been submitted on behalf of the petitioner that though the allegation against the petitioner is under Section 304B and petitioner is husband, however, even according to F.I.R., the death of the deceased caused after seven years of marriage as her marriage was solemnized with the petitioner in the fourth month of 2008 whereas she died in July 2015. Further petitioner has been made accused in this case only on the basis of suspicion and he has thee children to look after. Petitioner has been in judicial custody since 06.03.2017
Patna High Court Cr.Misc. No.47222 of 2016 (3) dt.18-04-2017 2/2 Learned counsel for the State opposed the prayer for bail and submitted that there is allegation of demand of dowry and torture against the petitioner and since the petitioner is the husband, burden lies on him to explain as to in what circumstance, the deceased died.
Having heard both sides, considering the aforementioned facts and circumstances, nature of allegation, I am not inclined to release the petitioner on bail, hence prayer for regular bail of the petitioner is, accordingly, rejected.
However, the trial court is directed to expedite the trial and try to conclude it as early as possible.
(Vinod Kumar Sinha, J) sunil/- U T