Rajesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49700 of 2016 Arising Out of PS.Case No. -240 Year- 2016 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ====================================================== Rajesh Paswan, Son of Shivbalak Paswan, Resident of Village - Sulemanpur, P.S. - Rahui, District - Nalanda. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Satyavrat Verma, Advocate.
For the Opposite Party : Mr. Rajesh Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-03-2017 Heard both sides.
The petitioner apprehends his arrest in Khurd Rahui P.S. Case No. 240 of 2016 registered for the offences punishable under Section 304(B) of the Indian Penal Code. The informant got information that his daughter was killed and when the informant went to the place of occurrence he found his daughter was lying dead. The daughter of the informant had visited the informant's house on the occasion of Raksha Bandhan and she disclosed about torture and assault made by the petitioner on her due to non-fulfillment of demand of dowry. Learned counsel for the petitioner submits that the petitioner is husband of the deceased. The marriage was solemnized more than seven years before from the date of occurrence. There is nothing on record to show that the petitioner
Patna High Court Cr.Misc. No.49700 of 2016 (3) dt.15-03-2017 2/2 was ever torturing his wife. From the post-mortem report it would appear that no external injury was found on the dead body, but from the case diary it appears that the witnesses have stated that the deceased was assaulted by the petitioner and she died within seven years of her marriage in a suspicious circumstance. Considering the facts aforesaid and the fact that the petitioner is husband of the deceased, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.) KKSINHA/- U T