Santu Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.8457 of 2018 (3) dt.06-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8457 of 2018 Arising Out of PS.Case No. -209 Year- 2017 Thana -BAHADURPUR District- DARBHANGA ======================================================

1. Santu Paswan S/o Late Suresh Paswan, R/o Mohalla/Village- Chhipalia, P.S.- Bahadurpur, Distt.- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kedar Jha For the Informant : Mr. Maya Shankar Mishra ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is the husband who has been in custody since 22.10.2017 in connection with Bahadurpur P.S. Case No. 209/2017 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the case is of hanging and the petitioner has had no role to play. Diary in this case was called for which has since been received.

Learned counsel appearing on behalf of the State after perusal of the case dairy submits that the petitioner is the husband who had a moral responsibility to take care of his wife and death

Patna High Court Cr.Misc. No.8457 of 2018 (3) dt.06-03-2018 has occurred within seven years of the marriage. In view of the fact that chargesheet has already been submitted in this case and there is evidence in the case diary that the petitioner and his family members had been demanding money and dowry which attracts Section 304(B) of the I.P.C., I am not inclined to grant regular bail to this petitioner. It is accordingly rejected.

The petitioner, however, may renew his prayer for bail after framing of charge.

(Anjana Mishra, J) Saif/- U T