Subhash Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40624 of 2020 Arising Out of PS. Case No.-205 Year-2020 Thana- PIPRA District- East Champaran ====================================================== Subhash Paswan Son of Jagarnath Paswan Resident of Village - Tikuliya, Police Station - Pipra, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar For the Opposite Party/s :
Mr.Pranav Kumar,APP Mr.Binay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2021 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Pipra P.S. Case No. 205 of 2020 registered for the offence under Sections 304(B)/34 of the Indian Penal Code.
As per prosecution case, the daughter of the informant was married with the petitioner on 23.06.2019 and it is alleged that after the marriage, this petitioner alongwith other coaccused (in-laws members) started demanding Rs. 2,00,000/- (two lacs), as dowry, and due to non-fulfillment of the same, the daughter of the informant was subjected to torture and harassment by her in-laws members. On 14.06.2020, the informant got an information that his daughter has been killed by her in-laws members and as such, he went there and found
Patna High Court CR. MISC. No.40624 of 2020(3) dt.07-04-2021 2/2 his daughter lying dead in the courtyard of the house. It is submitted on behalf of petitioner that petitioner is quiet innocent and has committed no offence and petitioner, who happens to be husband of the deceased, was not present in the house at the time of occurrence. It is further submitted that the deceased had some mental problem and she was a shorttempered lady and therefore, she has committed suicide due to some family dispute. In support of the above submission, counsel for the petitioner has referred to paragraph no. 20 & 21 of the case diary. Petitioner is in custody since 16.06.2020. However, learned counsel for the informant and State vehemently opposed the bail application.
It was submitted by counsel for the informant that petitioner is husband of the deceased and deceased has died within seven years of marriage at her matrimonial house in an unnatural circumstances and also there is demand of dowry against the petitioner. Considering the aforesaid facts and circumstances, the bail application of petitioner stands dismissed. (Prabhat Kumar Singh, J.)