Punit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36889 of 2020 Arising Out of PS. Case No.-250 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== Punit Paswan Son of Ramdev Paswan Resident of Village - Sahtha, P.S.- Bhagwanpur, District - Vaishali at Hajipur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Baxi S.R.P. Sinha, Sr. Advocate Mr. Anish Chandra, Advocate For the State :

Mr. Jagdhar Prasad, APP CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-03-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 01.06.2020 in connection with Bhagwanpur P.S. Case No. 250 of 2019 for the offences alleged under Sections 304(B)/34 of the Indian Penal Code.

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 accusations of demand of dowry and torture are general and omnibus and no specific overt act has been alleged against the petitioner. It is further submitted that the petitioner was living separately from his son and the deceased and he had no concern with their day to day matters. Statement is made at the Bar that the husband of the deceased

Patna High Court CR. MISC. No.36889 of 2020(4) dt.25-03-2021 2/2 has surrendered and is in custody since 16.03.2021. The petitioner claims clean antecedents.

4. Learned APP on the other hand opposes the bail petition, submitting on the basis of paragraph nos. 7, 8 and 9 of the case diary containing statements of witnesses who have stated that just a day prior to the occurrence the victim had telephonically informed that she was being ill-treated and tortured. It is further stated that the post mortem report in the case diary discloses burn injury on the deceased which supports the prosecution case.

5. Having regard to the nature of accusations and the gravity of the offences alleged, this Court is not inclined to grant the privilege of bail to the petitioner. The bail petition stands dismissed.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Ibrar//- U T