Dhanraj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50618 of 2022 Arising Out of PS. Case No.-298 Year-2021 Thana- DEEPNAGAR District- Nalanda ====================================================== DHANRAJ PASWAN Son of Late Laldhar Paswan R/O Village - Dewdha, P.S.- Deepnagar, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad, Advocate For the Opposite Party/s :

Ms.Madhuri Lata, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Deepnagar P.S. Case No. 298 of 2021 registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code.

As per the prosecution, informant's daughter was murdered by this petitioner for non-fulfillment of demand of dowry and buried the corpse near a river bank. The main submissions advanced by the learned counsel for the petitioner are that in the present matter, nobody claimed to have seen alleged occurrence of murder, all the witnesses examined during investigation are hearsay witnesses and in actual, on the alleged day when the victim died, a scuffle had taken place in between the petitioner and the

Patna High Court CR. MISC. No.50618 of 2022(3) dt.17-02-2023 2/2 deceased due to which the deceased sustained some injury on account of being hit with the wall of petitioner's shop and in this regard, the petitioner confessed during the investigation as per prosecution. Further submission is that the petitioner has been languishing in jail since 09.09.2021 and investigation has been completed.

Learned APP appearing for the State has opposed the bail prayer.

Having considered the seriousness of the occurrence which relates to the unnatural death of the deceased, who is stated to be wife of the petitioner, within two years of her marriage and the dead body of the victim was found buried near a river and as per the allegation of the informant, the victim was always subjected to torture by this petitioner for the demand of Rs.50,000/-, in my view, it is not a fit case for granting bail to the petitioner and accordingly, his bail prayer stands rejected. Petitioner may renew his bail prayer after one year, if any significant progress is not made in his trial. (Shailendra Singh, J) Sanjay/- U T