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Patna High CourtCR. MISC./32284/2019dismissed

Govinda Paswan @ Govind Paswan v. The State Of Bihar

2019-09-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32284 of 2019 Arising Out of PS. Case No.-216 Year-2014 Thana- HAJIPUR SADAR District- Vaishali ====================================================== GOVINDA PASWAN @ GOVIND PASWAN Son of Laldeo Paswan Resident of Village - Subhai Garh, P.S.- Sadar Hajipur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Prasad Singh For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Hajipur Sadar P.S. case No.216 of 2014 registered under Sections 304(B)/34 of the Indian Penal Code, pending in the court of C.J.M., Vaishali at Hajipur.

Allegation is that the accused persons including the petitioner caused death of the daughter 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 23.06.2015. 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 eye

Patna High Court CR. MISC. No.32284 of 2019(6) dt.20-09-2019 2/2 witness to the alleged occurrence. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in this case.

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.

A report was called for from the court below. It has been reported that out of nine prosecution witnesses, eight witnesses have already been examined and the trial is expected to be concluded within a period of six months. Considering the nature of accusation and the stage of the case, 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 six months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T