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Patna High CourtCR. MISC./29290/2020partly allowed disposal

Bipin Paswan @ Bipin Kumar v. The State Of Bihar

2020-11-09Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 29290 of 2020 Arising Out of PS. Case No.-19 Year-2020 Thana- BANMANKHI District- Purnia ====================================================== 1.

BIPIN PASWAN @ BIPIN KUMAR Son of Bultun Paswan Resident of Banmankhi, Chaklatola Ward No.-5, P.S.- Banmankhi, District- Purnea. 2.

Bultun Paswan Son of Late Asharfi Paswan Resident of Banmankhi, Chaklatola Ward No.-5, P.S.- Banmankhi, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-11-2020 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners are in custody in connection with Banmankhi P.S.Case No.19 of 2020 for the offence under Sections 498A, 363 and 365/34 of the Indian Penal Code. Learned counsel for the petitioners would submit that except suspicion, there is no material to connect the petitioners for commission of crime. He further submits that initially the allegation was that after assault, the daughter of the informant disappeared from the in-laws house. Later on, dead body of the deceased was fished out from a pond. The marriage had taken place in the year 2013. The death occurred within seven years in

Patna High Court CR. MISC. No. 29290 of 2020(2) dt.09-11-2020 2/2 suspicious circumstances and there is allegation of dowry and cruelty.

Considering the aforesaid circumstances and absence of any overt-act, the Court is inclined to grant bail to petitioner no.2 Bultun Paswan being father-in-law of the victim, on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-Ist, Purnea in connection with Banmankhi P.S.Case No.19 of 2020.

So far as petitioner no.1 Bipin Paswan @ Bipin Kumar being husband of the victim is concerned, his prayer for bail is rejected as husband is primarily responsible for the suspicious death of wife.

However, the trial Court is directed to expedite the trial and conclude the same within a period of nine months from the date of receipt/production of a copy of this order. (Anil Kumar Upadhyay, J) B.Kr./- U T