Gabbar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21869 of 2015 Arising Out of PS.Case No. -269 Year- 2014 Thana -BIHTA District- PATNA ======================================================

1. Gabbar Paswan S/o Rajdeo Paswan Resident of Village- Kateshwar P.s Bihta, District Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Prasad Singh For the Opposite Party/s : Mr. Anuj Kr.Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 07-07-2015 Heard learned counsel for the petitioner as well as learned APP.

Learned counsel for the petitioner put much stress over calling for the case diary but taking into account status of the petitioner, who is husband as well as considering the specific allegation having attributed against him by the informant that he persistently demanded motorcycle and for that was regularly torturing the deceased which ultimately resulted in her death, did not justify his prayer. Further-more, as per Annexure-2, an order passed under Cr.Misc.No.3245 of 2015, the aforesaid view found further strengthened during hearing of bail petition of father-in-law in which case diary of was called for wherefrom it is evident that demand happens to be alleged against the petitioner only.

From Annexure-2, it is also apparent that some of the witnesses (co-villagers) had stated it to be a case of suicide, but the manner whereunder dead body was found from river having kept in a gunny bag, did not justify the aforesaid assertion.

Accordingly, the prayer for bail is rejected. (Aditya Kumar Trivedi, J) ahk/- U T