Devendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30953 of 2022 Arising Out of PS. Case No.-388 Year-2019 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Devendra Paswan S/o Maheshwar paswan Resident of Village - Kakrachak Kampur South, P.S. - Bochahan, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Murli Dhar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

According to prosecution case, all the accused persons along with other relative assaulted the sister of the informant, namely, Sangeeta Devi and pressed her neck due to which she died.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.30953 of 2022(3) dt.18-01-2023 2/2 implicated in the present case. He further submits that in fact, the petitioner is the husband of the deceased. He further submits that there is no eye witness of the alleged occurrence and only on the basis of suspicion, the petitioner has falsely been implicated in the present case.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the basis of the material available on records and the case diary and submits that during investigation, witnesses have supported the allegation as alleged in the F.I.R. against the petitioner. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Bochahan P.S. Case No. 388 of 2019 pending in the court of learned Sri Hemant Kumar, J.M. 1st Class, Muzaffarpur.

Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T