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Patna High CourtCR. MISC./25109/2016rejected

Rajesh Paswan v. The State Of Bihar

2016-08-03Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25109 of 2016 Arising Out of PS.Case No. -570 Year- 2014 Thana -KANTI District- MUZAFFARPUR ====================================================== Rajesh Paswan, Son of Bhikhari Paswan, Resident of Village: Gosai Tola, P.S- Kanti, District-Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Md.Arif (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is an accused in connection with Kanti P.S. Case No. 570 of 2014, registered under Section 304B/34 of Indian Penal Code, pending in the Court of 2nd Addl. Sessions Judge, Muzaffarpur.

The accusation is of causing death of the daughter of the informant by her husband and other in-laws due to non-fulfillment of demand of dowry, by pressing her neck, within three years of her marriage.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the deceased has falsely been implicated in this case. Further submission is that deceased died due to illness and information was also given to the informant regarding the death of the daughter of the informant. The petitioner is

Patna High Court Cr.Misc. No.25109 of 2016 (4) dt.03-08-2016 2/2 in custody since 31.07.2015.

Learned counsel for the State vehemently opposed the prayer of the petitioner and submits that the petitioner is husband of the deceased and she died within three years of her marriage at her matrimonial home and in Post-mortem examination, the cause of death was strangulation.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer of the petitioner, above named, is rejected.

(Rajendra Kumar Mishra, J.) manish/- U T