Pappu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25222 of 2022 Arising Out of PS. Case No.-255 Year-2021 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Pappu Paswan S/o Achchhelal Paswan R/o village- Lakhanpur, Ward No. 1, P.S.- Mohiuddin Nagar, Distt.- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agarwal, Sr. Advocate Mr. Kumar Praveen, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-08-2022 Heard Mr. N. K. Agarwal, learned counsel for the petitioner and Mr. Bharat Bhushan, learned counsel for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Mohiuddin Nagar P.S. Case No. 255 of 2021 (G.R. No. 2855/2021) for the offences under Sections 304B and 120B/34 of the Indian Penal Code.
As per the prosecution case, the marriage of the deceased lady was solemnized with the petitioner herein in 2018 but he always used to ask for a Maruti Wagon R Car which the informant was unable to oblige. The further allegation is that
Patna High Court CR. MISC. No.25222 of 2022(2) dt.10-08-2022 2/3 on 26.11.2021, his daughter was killed by the accused persons. Subsequently he got information and he along with others went to the deceased's lady in-law house and found the dead body. The accused persons had escaped from the place of occurrence. After postmortem, the body was handed over to the informant, after which the mortal remains were consigned to flame. Learned counsel for the petitioner submits that the lady was appearing in the examination but due to some reason she could not reach the examination hall, was dejected and in disappointment, she had an altercation with the husband whereafter she committed suicide. Immediately, after knowledge of the said suicide, he informed his in-laws and in their presence the postmortem was done followed by the cremation but later this FIR was lodged against them and he is in jail since 01.12.2021 (as stated in paragraph-15 of the bail application).
Learned counsel for the State, on the other hand, submits that there is allegation of dowry against the husband and the non-fulfillment led to a death and the petitioner being her husband cannot exonerate himself from the alleged death of his wife.
Considering the aforesaid facts that the petitioner is
Patna High Court CR. MISC. No.25222 of 2022(2) dt.10-08-2022 3/3 the husband of the deceased lady, the marriage was solemnized in the year 2018 and the informant has alleged demand of dowry, this Court for the present is not inclined to grant him the privilege of bail which is accordingly rejected. Considering the nature of the case, it is expected that the Trial Court expedites the trial and conclude the same within a period of one year.
(Rajiv Roy, J) Jagdish/- U T