Patna High CourtCR. MISC./43260/2024bail rejected

Rupesh Paswan v. The State Of Bihar

2024-07-09Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43260 of 2024 Arising Out of PS. Case No.-423 Year-2023 Thana- BARHARA KOTHI District- Purnia ====================================================== Rupesh Paswan S/o Agnidev Paswan @ Agradev Paswan R/o VillageBhatsara, P.S.- B. Kothi, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bidhu Ranjan, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Barhara P.S. Case No. 423 of 2023 dated 29.12.2023 registered for the offences punishable u/s 304B read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have strangulated the informant's daughter to death due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.43260 of 2024(2) dt.09-07-2024 2/2 this case. The petitioner never demanded any dowry nor tortured the deceased. There is general and omnibus allegation against the petitioner. The petitioner is the husband of the deceased. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and stated that all the accused persons used to torture the deceased due to nonfulfillment of dowry. The petitioner is the husband of the deceased.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail petition of the petitioner stands rejected.

7. The learned trial court is further directed to expedite the trial and conclude the same at the earliest. (Chandra Prakash Singh, J) guddukr/- U T