Sunil Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42362 of 2022 Arising Out of PS. Case No.-220 Year-2020 Thana- ATHMALGOLA District- Patna ====================================================== SUNIL PASWAN Son of Aganu Paswan Resident of Village - Burhi Bagi, Jamalpur, Police Station- Athmalgola, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Kashyap, Advocate For the Opposite Party/s :
Mr.Ram Sumiran Rai, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.
As per the prosecution case, this petitioner and his family members killed the informant's daughter by pressing her neck.
Learned counsel for the petitioner submits that the petitioner has been roped in this case only because he happens to be husband of the deceased. Informant is not eye witness of the occurrence and marriage was performed 15 years back and out of wedlock petitioner and the deceased had four children and in such situation it appears unlikely that petitioner might have killed his wife for dowry after 15 years of marriage. Learned counsel for the State opposes the prayer for
Patna High Court CR. MISC. No.42362 of 2022(2) dt.29-11-2022 2/2 bail and submits that there is specific allegation against the petitioner that he was in habit of assaulting the victim and sometimes back informant had pacified the petitioner, whereafter his daughter again started living at her matrimonial house. However, after sometimes petitioner with aid of other accused persons killed her by pressing neck.
Considering the rival submissions of the parties and the fact that the petitioner is the husband of the victim who died in suspicious condition at her matrimonial home, his prayer for bail is refused.
(Prabhat Kumar Singh, J) Shashi U T