Tuntun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39359 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -NALANDA District- NALANDA (BIHARSHARIFF) ====================================================== Tuntun Paswan, S/o Late Gariban Paswan, Resident of Village- Saidanpur, Police Station- Chandi, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganesh Sharma, Advocate. For the Opposite Party/s : Mr. Shyameshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Nalanda P.S. Case No. 30 of 2017 instituted for the offence under Sections 498A and 304(B)/34 of the Indian Penal Code.

The petitioner is husband of the deceased. There is allegation against this petitioner that he used to commit physical and mental torture with the daughter of the informant for demand of dowry. It is alleged that daughter of the informant has just four days prior to the occurrence, came alone to her Maikey and when the informant enquired about it, she told that she was tortured by her husband and other accused persons in her sasural. They have demanded dowry and on account of such demand and torture, she had come alone to her Maikey. It is further alleged that just one

Patna High Court Cr.Misc. No.39359 of 2017 (3) dt.12-09-2017 2/2 day prior to the occurrence, the daughter of the informant had talked on Mobile phone with her husband and, thereafter, in the next morning, the informant found her dead body hanging with fan in a room.

In such circumstances, there is specific allegation against the petitioner of committing physical and mental torture with the daughter of the informant, on account of which, she returned to Maikey from her sasural alone as mentioned in the written report.

In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which shall be disposed off by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T