Raushan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71055 of 2021 Arising Out of PS. Case No.-137 Year-2021 Thana- DALSINGHSARAI District- Samastipur ====================================================== RAUSHAN PASWAN S/o Late Butan Paswan Resident of VillageMokhtiyarpur, P.S.- Dalsinghsarai, District- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 304B of the Indian Penal Code and under sections 3⁄4 of the Dowry Prohibition Act As per the prosecution case, this petitioner and his family members killed the informant's daughter by hanging her for non-fulfilment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner happens to be the husband of the deceased. He denies the allegation and submits that in fact the victim had no child even after three years of marriage and because of this agony, she committed suicide when the petitioner was absent from the house. Doctor has also found cause of death due to

Patna High Court CR. MISC. No.71055 of 2021(3) dt.26-04-2022 2/2 asphyxia caused due to hanging which itself proves that the deceased committed suicide. Petitioner is in custody since 19.6.2021.

Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner that he along with other family members subjected the victim to cruelty for dowry and finally they killed her in a planned conspiracy.

Considering the rival submissions of the parties and the fact that the petitioner is the husband of the victim who died within seven years of marriage in suspicious condition at her matrimonial home and there is demand of dowry, his prayer for bail is refused.

(Prabhat Kumar Singh, J) shashi/- U T