Santosh Paswan @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31382 of 2020 Arising Out of PS. Case No.-358 Year-2017 Thana- BIKRAM District- Patna ====================================================== Santosh Paswan @ Santosh Kumar, aged about 35 years, male, S/o Nauratan Paswan @ Chini Paswan, R/o Village- Nisharpura, P.S.- Bikram, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-02-2021 Heard the counsel for the parties.

The petitioner, who is the husband of the deceased, seeks bail in connection with Bikram P.S. Case No. 358 of 2017, dated 11.12.2017, instituted for the offences under Sections 304(B), 201 and 120(B) of the Indian Penal Code.

The marriage of the petitioner with the deceased took place on 07.05.2017. According to the allegation in

Patna High Court CR. MISC. No.31382 of 2020(4) dt.05-02-2021 2/3 the F.I.R., demand of dowry was put up soon after the marriage and the victim was troubled on account of nonpayment of the aforesaid dowry. On 11.12.2017, the informant learnt that his daughter has been killed by the petitioner and other accused persons.

Learned counsel for the petitioner has submitted that in the event of no recovery of the dead-body and no direct evidence with respect to killing of the deceased, the petitioner deserves to be released on bail. It has further been argued that the deceased was always in the habit of running away from the house and on this occasion also, after running away, she never returned. It has been urged that this fact could be gleaned from the investigation papers also.

The aforesaid grounds are not tenable.

For the nature of accusation in the F.I.R., I am not inclined to grant bail to the petitioner for the present. The prayer for grant of bail of the petitioner is, accordingly, rejected.

The Trial Court is directed to conclude the trial as

Patna High Court CR. MISC. No.31382 of 2020(4) dt.05-02-2021 3/3 early as possible, preferably within a period of nine months from the date of receipt/production of a copy of this order. The application stands dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T