Manjit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44006 of 2022 Arising Out of PS. Case No.-226 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== Manjit Paswan Son Of Govind Paswan R/O Village- Dhankutwa, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwajeet Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-02-2023 Learned counsel Mr. Vishwajeet Kumar Mishra appearing for the petitioner and learned APP Mr. Md. Nazir Ansari appearing for the State are present and they are heard Petitioner seeks regular bail in connection with Shikarpur P.S. Case No. 226 of 2021 (G.R. Case No. 1643 of 2021) registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

As per the prosecution, the informant alleged that his sister was killed by her in-laws including this petitioner over the demand of dowry. It is further alleged that when the informant reached cremation ground (shamshan), he saw that his sister's in-laws were cremating the body of the victim. The main submissions advanced by learned counsel Mr. Vishwajeet Kumar Mishra appearing for the petitioner are

Patna High Court CR. MISC. No.44006 of 2022(5) dt.20-02-2023 2/3 that the victim died on 18.04.2021 and her death was quite natural as her Appendix got burst and thereafter the petitioner attempted to admit his wife in hospital but on account of prevailing situation of Covid 19, no hospital admitted the victim for medical treatment and finally due to non-providing of medical treatment the victim died and in the cremation of the deceased, the informant and other family members also participated and thereafter all of a sudden, the informant lodged the instant matter.

Learned APP Mr. Md. Nazir Ansari appearing for the State and learned counsel appearing for the informant have vehemently opposed the bail prayer as well as the defence taken by the petitioner and submitted that there is no any documentary material to support the petitioner's defence as to the victim having suffered burst of Appendix hence, the said defence is not believable and there is direct allegation against the petitioner in the FIR.

Having considered the seriousness of the occurrence which relates to unnatural death of the victim who happened to be the wife of the petitioner and her death took place within two years of her marriage and as per the allegation made in the FIR, the petitioner and his family members subjected the victim to

Patna High Court CR. MISC. No.44006 of 2022(5) dt.20-02-2023 3/3 torture for the demand of dowry and they also burnt the dead body of the deceased in order to conceal the main evidence of the commission of the alleged crime, in the opinion of this Court the petitioner does not deserve to the privilege of bail. Accordingly, his prayer for bail stands rejected. (Shailendra Singh, J) annu/- U T