Patna High CourtCR. MISC./30545/2019dismissed

Dhaneshwar Paswan v. The State Of Bihar

2019-08-02Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30545 of 2019 Arising Out of PS. Case No.-484 Year-2018 Thana- DHANARUA District- Patna ====================================================== Dhaneshwar Paswan, aged about 42 years, gender-Male, Son of Late Laxman Paswan, Resident of Village- Deokali, P.S.- Dhanarua, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Devendra Kr. Sinha, Sr. Advocate Mr. Abhinay Raj, Advocate For the Opposite Party :

Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-08-2019 Heard learned senior counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 304B/34 of the Indian Penal Code registered in connection with Dhanarua P.S. Case No. 484 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the father-in-law of the deceased. It is submitted that the petitioner was at Masaurhi for earning his livelihood and upon coming to know about the death of his daughter-in-law, he rushed back to his village. It is submitted that the deceased committed suicide by consuming poison as her husband had left her and became traceless. It is further submitted that in any event, there is no accusation of demand of dowry, harassment and cruelty soon before the death and as such, the ingredients the offence alleged are not made out. It is submitted that the petitioner's wife had been arrested and has since been granted regular bail. The petitioner claims clean antecedents.

4. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant anticipatory bail

Patna High Court CR. MISC. No.30545 of 2019(3) dt.02-08-2019 2/2 to the petitioner. The anticipatory bail petition stands dismissed.

5. If the petitioner surrenders and seeks regular bail before the learned trial Court the same shall be considered on its own merit in accordance with law on the same day and without being prejudiced by any observation in the present order.

(Vikash Jain, J) BT/- U T