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Patna High CourtCR. MISC./26212/2019dismissed

Ankaj Paswan @ Anjak Paswan v. The State Of Bihar

2019-07-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26212 of 2019 Arising Out of PS. Case No.-99 Year-2018 Thana- DESARI District- Vaishali ====================================================== Ankaj Paswan @ Anjak Paswan Son of Suraj Paswan Resident of Village - Bhagwatipur, P.S.- Deshri, Distt.- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Deshri P.S. case No.99 of 2018 registered under Sections 304(B), 20134 of I.P.C., pending in the court of A.C.J.M. IInd, Vaishali at Hajipur. Allegation is that the accused persons including the petitioner caused murder of the sister of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.11.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no other substantive evidence to

Patna High Court CR. MISC. No.26212 of 2019(3) dt.02-07-2019 2/2 suggest the implication of the petitioner in the present case nor there is any eye witness to the alleged occurrence. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T