Patna High CourtCR. MISC./14687/2015rejected

Roushan Paswan v. The State Of Bihar

2015-06-22Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14687 of 2015 Arising Out of PS.Case No. -208 Year- 2013 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ====================================================== Roushan Paswan S/o Iner Paswan Resident of Village Saunja, P.S. Baddi (Sheosagar), District Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-06-2015 Heard Mr. Mishra learned counsel for the petitioner and Mr. Murlidhar learned APP for the State The petitioner is the husband of the victim and is facing accusation punishable under section 304-B/34 IPC. Within four years of marriage, it is alleged, the victim was done to death by putting her on fire in matrimonial home on account of non fulfilment of demand of dowry. The contention of the petitioner is that even as per the prosecution case she was immediately taken to the hospital for rendering medical assistance in course whereof she died whereafter post mortem was conducted on the dead body. Several witnesses have stated that the victim put herself on fire. The

Patna High Court Cr.Misc. No.14687 of 2015 (2) dt.22-06-2015 2 / 2 petitioner is in custody since 25.11.2013.

Learned APP points out that at least one witness claimed to be eye-witness has stated about the complicity of the petitioner. Considering the allegation against the petitioner and the materials available on record, I am not inclined to grant bail to the petitioner. His prayer for bail is rejected.

Considering the fact that the petitioner is in custody since close to two years, this court observes that if the trial gets delayed on account of prosecution the petitioner shall have liberty to renew his prayer for bail in the court below after expiry of nine months from the date of receipt/production of a copy of this order.

(Kishore Kumar Mandal, J) HR/- U