Mahendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70009 of 2018 Arising Out of PS. Case No.-80 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== Mahendra Paswan, S/o Bhuneshwar Paswan, resident of Village- Ashopura Anantpur, P.S. Naubatpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, being the husband of the victim, is languishing in custody since 13.03.2018 in a case registered for the offences punishable under Sections 304 (B)/34 of the I.P.C. The prosecution case as per the written report of Ravi Kishan @ Deepu submitted to the S.H.O., Naubatpur P.S., is to the effect that marriage between the sister of the informant and the petitioner was performed about four years prior to lodging of the present case. It is further alleged that one year prior to the

Patna High Court Cr.Misc. No.70009 of 2018(4) dt.23-01-2019 2/3 occurrence the petitioner developed illicit relationship with his sister-in-law Ranju Devi. On 26.02.2018, the informant received an information that the daughter of the informant has been killed, whereupon the informant went to the in-law's house of his daughter, then he found that his sister was killed by her inlaw family members including the petitioner. Learned counsel for the petitioner submits that only on suspicion the accusation has been levelled against the petitioner. Moreover, investigation has not been concluded till date.

Learned APP after going through the case diary submits that the thrust of accusation is against the petitioner, being the husband of the victim.

Though the report of the learned A.C.J.M.-II, Danapur reflects that the case has still not been committed to the Court of Sessions.

Considering the nature of accusation, this Court is not inclined to grant bail to the petitioner, for the present in connection with Naubatpur P.S. Case No.80 of 2018, pending in the Court of A.C.J.M.-II, Danapur.

Accordingly, the prayer for bail of the petitioner is rejected.

Patna High Court Cr.Misc. No.70009 of 2018(4) dt.23-01-2019 3/3 However, it is expected from the learned Court below to expedite the trial. The petitioner would be at liberty to renew his prayer for bail, if the trial is not concluded within a period of one year.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T