Ashok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 25353 of 2016 Arising out of P.S. Case No. -339 Year- 2015 Thana - SONEPUR District- SARAN =================================================== Ashok Paswan son of Nagina Paswan resident of Village Bharpura, Police Station- Sonepur, District- Saran (Accused) .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Najmul Hoda, Adv. For the Opposite Party/s: Mr. Md. Ashlam Ansari, Adv. =================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04.

10.08.2016 Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is languishing in custody since 24.08.2015 in connection with S.Tr. No. 08 of 2016 arising out of Sonepur P.S. Case No. 339 of 2015 pending in the Court of Additional Sessions Judge-VI, Saran at Chapra for the offences registered under Section 302 of the Indian Penal Code.

The prosecution case, in brief as alleged in the FIR is that the sister of the Informant was married with the petitioner, Ashok Paswan and she had got four children out of the said wedlock but her husband, the present petitioner always used to torture and assault her in inebriated condition and had killed her sister by putting on fire due to which she died.

Patna High Court Cr.Misc. No.25353 of 2016 (4) dt.10-08-2016 It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.08.2015. Charge-sheet has been submitted in the case. The petitioner has no criminal antecedents. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no eye-witness to the alleged occurrence nor there is any circumstantial evidence which supports implication of the petitioner in the present case.

On behalf of the State, it has been submitted that the petitioner is named in the FIR. He is the husband of the deceased. The mother of the petitioner has stated in Paragraph 8 of the case diary that the deceased was done to death by the petitioner.

Considering the aforesaid facts and circumstances of the case, I am not inclined to grant bail to the petitioner. The prayer for bail is rejected. The Trial Court is directed to take all necessary stringent steps to expedite the trial and conclude the same.

Vikash/- (Sudhir Singh, J.) U T