Chandan Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18388 of 2016 Arising Out of PS.Case No. -214 Year- 2012 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Chandan Paswan Son of Sri Bhattu Paswan resident of VillageMaharathpur, Police station Begusarai Mufassil (Singhaul,) in the district of Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Sita Devi Wife of Shri Kailash Paswan resident of Village- Kari Chak, Police Station Birpur, in the district of Begusarai. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. S.N.Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 11-11-2016 Heard Mr. Akhileshwar Pd. Singh for the petitioner and Mr. Shashidhar Jha for the informant as well as Mr. S. N. Shukla, APP for the State.

The petitioner is the husband of the victim and is facing prosecution vide Begusarai Mufassil P.S. Case No. 214 of 2012, registered under sections 498A, 364 & 365/34 IPC including section 3⁄4 of the Dowry Prohibition Act.

The mother-in-law of the petitioner lodged the case that in the year 2010 she performed marriage of her daughter with the petitioner. On 20.06.2012, the husband

Patna High Court Cr.Misc. No.18388 of 2016 (5) dt.11-11-2016 2/3 (petitioner) had come to informant's house and took back the victim to her Sasural. Her daughter was repeatedly reporting torture on her by the petitioner on account of non-fulfilment of the demand of dowry. Suddenly, the victim disappeared. Upon learning the same, she came back from Delhi and went to her daughter's Sasural which was closed and the petitioner was found absconding. On these allegations, the FIR was lodged. The contention of the petitioner is that the deceased was having extra-marital relationship with another person and in fact she escaped from her Sasural and married with that person. The allegations have been levelled only on the basis of the suspicion.

The counsel for the informant as well as the State point out that it is not the case of the petitioner that immediately after the victim having escaped/disappeared from Sasural, the matter was reported to the police or to the informant. In course of investigation, the witnesses have supported the torture perpetrated/committed on her on the date of occurrence.

It is stated that the petitioner is in custody since 08.2.2016.

Patna High Court Cr.Misc. No.18388 of 2016 (5) dt.11-11-2016 3/3 Looking to the seriousness of the allegations levelled in the FIR and other materials reflected from the records, including the order of the learned Sessions Judge, I am not persuaded to extend the privilege of bail to the petitioner. His prayer is accordingly rejected. (Kishore Kumar Mandal, J) HR/- U T