Pawan Patwa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52864 of 2021 Arising Out of PS. Case No.-144 Year-2021 Thana- GOVINDGANJ District- East Champaran ====================================================== Pawan Patwa, Son Of Prabhu Patwa, R/O Village- Jogiyay Janerwa, P.S.- Govindganj (ARERAJ), Dist.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhurendra Kumar, Advocate For the Informant :
Ms. Rupa Kumari, Advocate Mr. Yugal Kishore, Advocate For the State :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-07-2022 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Govindganj (Areraj) P.S. Case No. 144 of 2021 registered for the alleged offences under Sections 302, 201, 506, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Act. The prosecution case is that petitioner was the husband of the deceased sister of the informant and the allegation against the petitioner is that he and other co-accused persons mudered the sister of the informant on account of their
Patna High Court CR. MISC. No.52864 of 2021(3) dt.19-07-2022 2/3 dowry demand.
The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The marriage of husband was solemnized with deceased 15 years back and cause of death of deceased was cardiac arrest. At the time of her death, the petitioner was not present there and the deceased was taken to the hospital where she died. Another co-accused Prabhu Patwa has been granted bail by a Coordinate Bench vide order dated 22.04.2022 passed in Cr. Misc. No. 52200 of 2021. The charge-sheet has been submitted in this case and the petitioner is in custody since 13.05.2021. Learned APP as well as learned counsel appearing on behalf of the informant opposes the prayer for bail submitting that the petitioner is the husband of the sister of the informant, who committed her murder. The witnesses in case diary have supported the prosecution case of unnatural death of the sister of the informant and if it was the death due to cardiac arrest, there ought to be some material in support of such claim. Perused the record.
Having regard to the submissions made hereinabove and considering the fact that petitioner is the husband of the deceased and dead body of the deceased was
Patna High Court CR. MISC. No.52864 of 2021(3) dt.19-07-2022 3/3 disposed of by this petitioner, I am not inclined to enlarge the petitioner on bail. Hence, prayer for bail is rejected. However, the trial court is directed to expedite the trial and conclude the same preferably within a period of six months.
If the trial is not concluded within a period of six months then the petitioner may renew his prayer for bail. (Arun Kumar Jha, J) diwakar/- U T