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Patna High CourtCR. MISC./28815/2020dismissed

Manoj Paswan v. The State Of Bihar

2020-11-12Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28815 of 2020 Arising Out of PS. Case No.-26 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== MANOJ PASWAN Son of Late Ram Dev Paswan Resident of VillageMaldiha, P.S.- B. Kothi, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Sri Ashok Kumar, the learned APP for the State.

The petitioner seeks regular bail in connection with Barhara P.S. Case No. 26 of 2019, registered for the offence punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

The petitioner, who is the husband of the sister of the informant, is stated to have committed the murder of the deceased on account

Patna High Court CR. MISC. No.28815 of 2020(2) dt.12-11-2020 2/2 of non-fulfillment of the demand of dowry, totalling to a sum of Rs. 5,00,000/-.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 05.11.2019.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the fact that the petitioner is the husband of the deceased victim lady and he is alleged to have committed her murder on account of non-fulfillment of the demand for dowry, I do not find the present case to be a fit case for grant of regular bail, hence, the present petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T