Jichho Paswan @ Jichhu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77209 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- BAKHARPUR District- Bhagalpur ====================================================== Jichho Paswan @ Jichhu paswan S/O Umesh paswan R/O Vill.- Hajipur Western P.S- Mufassil, Dist.- Sahebganj (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-01-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2.
The petitioner seeks bail in connection with Bakharpur P.S. Case No. 17 of 2024 instituted for the offence under Sections 302, 201 & 120(B) of the Indian Penal Code. 3.
Prosecution case in a nutshell is that the daughter of the informant was done to death at her matrimonial house due to non-fulfillment of the demand of dowry.
4.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 14-05-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.
5.
It has been further submitted by the petitioner's
Patna High Court CR. MISC. No.77209 of 2024(3) dt.27-01-2025 2/3 counsel that petitioner has been falsely implicated in the present case. Petitioner is brother of the so-called second husband of the deceased. Petitioner is separate in mess and property from the husband of the deceased. It is submitted that there is general and omnibus allegation against the petitioner. Learned counsel goes on to submit that there is no eye witness to the occurrence. Husband of the deceased is already in custody. It is lastly submitted that police after investigation has already submitted charge sheet in this case.
6.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Referring to paragraph Nos. 6, 7, 8 & 9 of the case diary, it is submitted that witnesses have supported the prosecution case. Postmortem report corroborates the allegation levelled against the petitioner and others. It is fervently submitted that dead body was found in two pieces. Referring to paragraph No. 23 of the case diary, it is submitted that petitioner has confessed his guilt in his confessional statement.
7.
Considering the aforesaid facts and circumstances of the case and there being enough material against the petitioner in the case diary, this Court, at this stage, is not inclined to grant bail to the petitioner. Prayer for grant of bail is,
Patna High Court CR. MISC. No.77209 of 2024(3) dt.27-01-2025 3/3 accordingly, rejected.
8.
The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.
(Rudra Prakash Mishra, J) Raj Kishore/- U T