Vishal Paswan @ Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28035 of 2022 Arising Out of PS. Case No.-771 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== VISHAL PASWAN @ VISHAL KUMAR Son of Binod Paswan @ Vinod Paswan Resident of village - Haripur Ward No.- 09, P.S.- Forbesganj, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana For the Opposite Party/s :
Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-09-2022 Heard learned counsel for the petitioner and the State.
Petitioner apprehends arrest in registered for the offences punishable under Sections 306/34 of the Indian Penal Code.
As per the prosecution case, the daughter of the informant was married to the petitioner Vishal Paswan and lived with him at Idgah Tola for 17 days, thereafter Vishal's Uncle, namely, Anil Paswan took both of them but left the daughter of the informant near Haripur. Thereafter the daughter of the informant started living with her maternal aunt namely Pinki Devi at Parwaha Hat. After some days, petitioner and his family members started demanding dowry of Rs. 3 lakhs in cash
Patna High Court CR. MISC. No.28035 of 2022(2) dt.26-09-2022 2/3 and a motorcycle. The daughter of the informant went to see her mother-in-law with her maternal aunt where petitioner and his family members started assaulting her. When the informant came to know about all this, her family members started searching the daughter of the informant and found her dead body from a canal.
Learned counsel for the petitioner submits that there is no eye witness of the occurrence and petitioner never subjected the victim to cruelty. As a matter of fact, petitioner was in love affairs with the deceased which was protested by her family members. However, anyhow marriage was solemnized but only after some time family members of the victim in a planned conspiracy killed her and falsely implicated the petitioner and his family members. It is stated in paragraph 3 of the bail petition that the petitioner has got clean antecedent. Learned counsel for the State opposes the prayer for bail submitting that there is specific allegation against the petitioner that he along with his family members killed the daughter of the informant. Petitioner is the husband of deceased who died in mysterious condition as such he cannot escape responsibility.
Considering the specific allegation against the
Patna High Court CR. MISC. No.28035 of 2022(2) dt.26-09-2022 3/3 petitioner, his prayer for bail is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice. (Prabhat Kumar Singh, J) shashi/- U T