Raju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79287 of 2019 Arising Out of PS. Case No.-74 Year-2018 Thana- JAMALPUR District- Darbhanga ====================================================== RAJU PASWAN Son of Bahadur Paswan Resident of Village - Jamalpur, P.S.- Jamalpur, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2020 Heard both sides.

The matter has been taken up through video conferencing.

The petitioner seeks bail in Jamalpur P.S. case No. 74/2018 registered u/s 304B, 302, 201/34 of the IPC. The learned counsel for the petitioner submits that the petitioner is in custody since 04.07.2018. The charge has already been framed but no prosecution witness is examined. It is further submitted that the petitioner was at Mumbai. The Chowkidar telephoned the petitioner about the death of his wife and thereafter the petitioner came to his village but it appears that brother of the deceased made specific allegation that petitioner was always torturing his wife due to non fulfillment of demand of dowry. The wife of the petitioner was killed and

Patna High Court CR. MISC. No.79287 of 2019(5) dt.23-06-2020 2/2 her dead body was thrown. During the course of investigation the dead body was recovered by the bank of river. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

Since the petitioner is in custody for about two years, the trial court is directed to hold the trial on day to day basis and conclude the same within eight months from the date of receipt of this order.

The Superintendent of Police, Darbhanga is directed to ensure the attendance of prosecution witnesses in the trial court so that the trial must be concluded within eight months. Let a copy of this order be sent to the trial court and the Superintendent of Police, Darbhanga for information and needful.

(Prabhat Kumar Jha, J) BKS/- U T