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Patna High CourtCR. MISC./20890/2016rejected

Mukesh Paswan v. The State Of Bihar

2016-05-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20890 of 2016 Arising Out of PS.Case No. -202 Year- 2014 Thana -BHAGWANPUR District- VAISHALI (HAJIPUR) ====================================================== Mukesh Paswan S/o Lae Dwarik Paswan, R/o Village- Khirkhaua, P.S.- Bhagwanpur, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Chandra, Advocate. For the Opposite Party/s : Mr. Shailendra Kumar-II, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-05-2016 Learned counsel for the petitioner is permitted to remove the error crept in Para 7 of the bail petition in course of the day.

Heard both sides.

The petitioner apprehends his arrest in a case under Sections 304(B), 201, 34 of the Indian Penal Code. The informant alleged that his niece Suman Devi was married with the petitioner in the year 2013. The petitioner and other accused persons are said to have tortured the niece of the informant on account of non-fulfillment of demand of dowry and lastly she was done to death and her dead body was concealed. It is submitted that the petitioner is the husband of the deceased. The petitioner was not present in the house on the date of occurrence. It has come during the course of investigation that the wife of the

Patna High Court Cr.Misc. No.20890 of 2016 (2) dt.20-05-2016 2/2 petitioner went to her uncle's house and from there, she became traceless. The police, after investigation, found the case under Section 498(A) and 364 of the Indian Penal Code. It appears that the petitioner is the husband of the deceased and the dead body of the deceased could not be traced out. Some of the accused persons have been granted regular bail. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Bhagwanpur P.S. Case No. 202 of 2014. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T