Patna High CourtCR. MISC./354/2024bail rejected

Kamlesh Paswan @ Kamaljeet Paswan v. The State Of Bihar

2024-03-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.354 of 2024 Arising Out of PS. Case No.-171 Year-2023 Thana- DESARI District- Vaishali ====================================================== KAMLESH PASWAN @ KAMALJEET PASWAN SON OF UMASHANKAR PASWAN R/O VILLAGE- VISHNU PATTI, P.S.- JANDAHA, DIST.- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Brahmaputra Singh Ishu, Advocate For the State :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 302 of the Indian Penal Code.

3. As per prosecution case, this petitioner is alleged to have killed the daughter of the informant by pushing her with elbow while driving a motorcycle.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the informant is not an eye-witness of the alleged occurrence and only because this petitioner happens to be husband of the deceased, he has falsely been implicated in this case. It is next submitted that as a matter of fact, the deceased fell from the motorcycle, as a result of which

Patna High Court CR. MISC. No.354 of 2024(3) dt.21-03-2024 2/2 she sustained multiple injuries and died during course of treatment. Petitioner claims clean antecedents and he is in custody since 07.06.2023.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that this petitioner is husband of the deceased and there is specific allegation against this petitioner that he pushed the deceased from the motorcycle, as a result of which she died.

6. Considering the rival submissions and specific accusation of assault against this petitioner, the prayer for grant bail of to the petitioner is rejected.

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