Rahul Kumar @ Rahul Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44524 of 2025 Arising Out of PS. Case No.-151 Year-2024 Thana- Tilkamanjhi District- Bhagalpur ====================================================== Rahul Kumar @ Rahul Kumar Paswan S/o Gheku Paswan R/o VillageSachhidanand Nagar Hawai Adda, P.S.- Tilkamanjhi, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ambrish Kr Jha, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Tilkamanjhi P.S. Case No. 151 of 2024 instituted for the offences under Section 80 of the B.N.S., 2023.

3. As per prosecution case, the accusation against the petitioner is of committing murder of the informant's daughter due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is the husband of the deceased. There is no specific or direct allegation of any overt act against the

Patna High Court CR. MISC. No.44524 of 2025(4) dt.16-09-2025 2/3 petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged occurrence. Learned counsel for the petitioner further submits that in fact the deceased has committed suicide after quarrel with the petitioner when the petitioner was not in the house. He further submits that not a single independent witness has supported the prosecution case. From the postmortem report, it appears that no external injury was found on the body of the deceased. The petitioner has no criminal antecedent and is languishing in judicial custody since 24.08.2024 without any rhymes or reason. Charge-sheet has been submitted against the petitioner in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the allegation alleged against the petitioner is serious in nature. The petitioner is the husband of the deceased and is also a sole accused in this case. The postmortem report shows the death was caused due to Asphyxia and shock due to pressure and compression of neck by a ligature material i.e. antemortem hanging. Several witnesses have also supported the prosecution case. The Investigating Officer, after completion of investigation, has submitted charge-sheet against the petitioner for offence under Section 80 of the Bhartiya Nyaya Sanhita,

Patna High Court CR. MISC. No.44524 of 2025(4) dt.16-09-2025 3/3 2023 and, hence, he does not deserve bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case and keeping in view the nature of allegation, gravity of the offence, materials available in the case diary and the postmortem report of the deceased, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner, above named, is rejected at this stage with a direction to the court below to expedite the trial and conclude the same expeditiously preferably within a period of six months from today. If the trial is not concluded within the period of six months as stated above, the petitioner will be at liberty to renew his prayer before the court below.

(Rudra Prakash Mishra, J) rishi/- U T