Santosh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31675 of 2018 Arising Out of PS. Case No.-212 Year-2017 Thana- MAJORGANJ District- Sitamarhi ====================================================== Santosh Paswan, S/o- Parsuram Paswan, R/o- Mohni Mandal, P.S.- Majorganj, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deovind Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Dr. Rabindra Kumar, APP 206 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 02-08-2018 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.
This is a petition for grant of regular bail in connection with Majorganj P.S. Case No. 212 of 2017 for offences under Sections 302, 201 and 34 of the Indian Penal Code.
Accusation, in brief, is that the petitioner, husband, after killing his wife, buried her dead body by the bank of a river and the same was taken out and post mortem was held and antemortem injuries were found over her dead body and that was the cause of her death.
Learned counsel for the petitioner submits that the petitioner had no intention to kill his wife, only scuffle took place between them and some other accused persons have been
Patna High Court Cr.Misc. No.31675 of 2018(4) dt.02-08-2018 2/2 granted bail by this Court as well as by the co-ordinate Bench and the petitioner has been in custody since 31.08.2017. However, learned counsel for the State submits that there is specific accusation against the petitioner and the circumstances showing that after killing his wife, he disposed of her dead body by burying under the ground near the bank of river and after institution of case, during investigation the dead body was recovered.
Having considered the aforesaid facts and circumstances and particularly the accusation against the petitioner and the nature of offence and the material against him, the Court is not persuaded to grant him bail. Accordingly, the prayer for bail is rejected. However, the trial Court is directed to expedite the trial and preferably to conclude the same within two years. (Arun Kumar, J) ShamshadSaurabh/- U T