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Patna High CourtCR. MISC./32047/2018rejected

Manish Paswan v. The State Of Bihar

2018-06-18Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32047 of 2018 Arising Out of PS.Case No. -503 Year- 2017 Thana -MASAURHI District- PATNA ======================================================

1. Manish Paswan S/o Late Binod Paswan, R/o Vill.- Kharant, P.S.- Masaurhi, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Upendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-06-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Masaurhi P. S. Case No. 503 of 2017 registered for the offences punishable under Sections 304 (B)/34 of the Indian penal Code. The accusation is of killing the deceased, daughter of the informant by her husband and other in-laws for non fulfillment of the dowry demand within one year of her marriage and to dispose of her dead body without giving information to the informant. Learned counsel for the petitioner submits that, admittedly, the deceased, daughter of the informant, died within one year of her marriage but she died due to cold and cough.

Patna High Court Cr.Misc. No.32047 of 2018 (3) dt.18-06-2018 2/2 After knowing about the real fact, the informant filed an application before the Senior Superintendent of Police, Patna, to set them free to the present case.

Having considered the facts and circumstances of the case and nature of the offence, I am not inclined to grant the privilege of pre arrest bail to the petitioner and, accordingly, his prayer for pre arrest bail is rejected. However, the petitioner is directed to surrender before the trial Court and pray for regular bail, which shall be considered by the Trial Court in accordance with law without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) Sudha/- U T