Patna High CourtCR. MISC./28145/2020dismissed

Abhinandan Paswan v. The State Of Bihar

2021-02-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28145 of 2020 Arising Out of PS. Case No.-43 Year-2019 Thana- SRINAGAR District- West Champaran ====================================================== ABHINANDAN PASWAN S/o Heera Paswan Resident of Village-Bagahi, P.S.-Shrinagar Pujaha, District-West Champaran. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Srinagar (Pujaha) P.S. Case No. 43/2019 instituted for the offences under Sections 304B, 120B, 34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.7.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no eye witness to the

Patna High Court CR. MISC. No.28145 of 2020(4) dt.08-02-2021 2/2 alleged occurrence. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is the husband of the deceased. The onus is on him to explain the cause of death of the deceased. As per the post-mortem report, the death has occurred due to strangulation on the neck.

Considering the nature of accusation, I am not inclined to grant bail to the petitioner. Prayer is rejected. The Trial Court is directed to take all necessary steps to expedite the case and conclude the trial at the earliest preferably within a period of nine months from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) Pankaj/- U T