Arjun Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27269 of 2017 Arising Out of PS.Case No. -174 Year- 2016 Thana -WARISNAGAR District- SAMASTIPUR ====================================================== Arjun Paswan, son of Late Mahesh Paswan, Resident of Village- Labhatta, P.S.- Warisnagar, District- Samastipur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 14-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Sessions Trial No.42 of 2017 and 102 of 2017, arising out of Warisnagar P.S. Case No.174 of 2016/G.R. No.1851 of 2016, registered under Sections 120(B) and 302/34 of the Indian Penal Code, pending in the court of the Additional Sessions Judge-VI, Samastipur. The allegation of the informant Dukhlal Paswan is that after marriage of Renu Devi, the daughter of the petitioner, with his son Dharmendra Paswan, Renu Devi had come to her matrimonial house and after nine days, she returned to her Maika. Thereafter, on 11.07.2016, his son Dharmendra Paswan was called
Patna High Court Cr.Misc. No.27269 of 2017 (3) dt.14-07-2017 2/3 by Dilip Paswan and Mithun Paswan for Bidagiri of his wife Renu Devi. Thereafter, Dharmendra Paswan went to his Sasural but the petitioner and his other family members were not ready for Bidagiri of Renu Devi with him. On receiving such information, the informant also went to the house of the petitioner for Bidagiri of his daughter-in-law Renu Devi on 14.07.2016. Then this petitioner refused to send his daughter Renu Devi in Bidagiri saying for arranging the Panhayati and the informant stayed in the night on 14.07.2016 at the house of the petitioner. On the next morning, Ranju Devi, the mother of Renu Devi, the daughter-inlaw of the informant, came to the door and informed him that his son is lying dead in a room.
Thereafter, the informant went there and found his son Dharmendra Paswan lying dead and there was black and red marks on his neck. The informant raised suspicion against the petitioner, Ranju Devi, the wife of the petitioner, Dilip Paswan, the son of the petitioner, Renu Devi, the wife of Dharmendra Paswan and daughter of the petitioner, and others having their hands in committing the murder of his son Dharmendra Paswan.
Learned counsel appearing on behalf of the petitioner submits that, admittedly, the deceased, who was son-in-law of the petitioner, had come to the house of the petitioner for Bidagiri of
Patna High Court Cr.Misc. No.27269 of 2017 (3) dt.14-07-2017 3/3 his wife Renu Devi, the daughter of the petitioner, but he committed suicide due to protest made by his wife for his ill activities. Further submission is that the petitioner having no criminal antecedent is in custody since 15.07.2016. Admittedly, Dharmendra Paswan, the son of the informant, had gone for Bidagiri of his wife Renu Devi to the house of the petitioner and his dead body was found in a room there. In the post-mortem examination of the deceased, the cause of his death was found as Asphyxia due to strangulation and there was also ligature mark on the dead body of the deceased. Having regard to the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected.
(Rajendra Kumar Mishra, J) P.S./- U T