Ashok Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57620 of 2022 Arising Out of PS. Case No.-161 Year-2019 Thana- BELA District- Sitamarhi ====================================================== ASHOK KUMAR PASWAN Son of Jay Narayan Paswan @ Jai Narayan Paswan @ Jai Paswan Resident of Village- Gorhari, P.S.- Bela, DistrictSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bela PS case no. 161 of 2019 instituted for the offences punishable under Section 304(B)/34 of the Indian Penal Code. The case of the prosecution in brief, according to the informant, is that he had solemnized the marriage of his daughter with the petitioner herein according to Hindu customs and rites, whereafter her daughter had gone to her matrimonial home, however, subsequently, the accused persons including the petitioner herein started demanding dowry and finally, on 08.07.2019, the accused persons including the petitioner herein murdered the daughter of the informant by hanging her on

Patna High Court CR. MISC. No.57620 of 2022(2) dt.03-02-2023 2/2 account of non-fulfilment of the demand for dowry. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 19.05.2022. The learned counsel for the petitioner has further submitted that the deceased victim lady had committed suicide and the petitioner is having no complicity in the matter. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available in the case diary as also considering the impugned order dated 23.07.2022, which is quite exhaustive, this Court finds that the complicity of the petitioner in the alleged occurrence is writ large and he is prima facie responsible for having murdered his wife on account of non-fulfilment of the demand for dowry, hence, I am not inclined to grant the privilege of bail to the petitioner herein, thus the present petition stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T