Shyam Sundar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61938 of 2021 Arising Out of PS. Case No.-82 Year-2021 Thana- CHORAUT District- Sitamarhi ====================================================== SHYAM SUNDAR PASWAN Son of Pulkit Paswan Resident of Village and P.S.- Choraut, District- Sitamarhi .... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Jha, Adv For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-05-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 304(B)/34 of IPC.

Informant alleges that he married his sister Subha Kumari to Shyam Sunder Paswan one year and one month ago but soon after the marriage, his sister was subjected to torture and was threatened of her life on account of demand of dowry and to which he tried to fulfill in between. It is stated that the petitoner , sister-in-law and mother of the petitioner killed informant's sister and they also tried to kill her three month daughter. It is stated that on information by the neighbours, when informant went to the Sasural of his sister and he found

Patna High Court CR. MISC. No.61938 of 2021(6) dt.12-05-2022 2/2 that the dead body of his sister was kept in the Osara of the house and the accused threatened the informant of his life and pressurized him to take the dead body of his sister. Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that in fact the victim has committed suicide and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 06.08.2021.

Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner on the basis of the material available on the record and the case diary and submits that there is sufficient material against the petitioner and the postmortem report also suggests that the allegation as alleged in the FIR is true.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Choraut P.S.Case No.82 of 2021 pending in the court of learned C.J.M., Sitamarhi. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T