Avinash Paswan @ Sukhu Paswan @ Sukhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28734 of 2018 Arising Out of PS.Case No. -230 Year- 2013 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Avinash Paswan @ Sukhu Paswan @ Sukhu, son of Binod Paswan, resident of village- Pawapatti, Police Station- Noorsarai, District- Nalanda. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-06-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Noorasarai P.S. Case No. 230 of 2013, instituted for the offence under Sections 304(B), 201 and 120/34 of the Indian Penal Code. The petitioner is husband of the deceased.

There is allegation in the complaint petition which was sent to Police Station under Section 156 (3) Cr. P.C. that daughter of the complainant was married in the year 2010 with Avinash Paswan @ Sukhu Paswan (petitioner). The demand of dowry was made by the petitioner at the time of marriage and ultimately "Bidaigiri" was done in the year 2012. The demand of a motorcycle and cash of Rs.50,000/- continued. It is alleged that in the year 2013 the daughter of the informant came to her Naihar

Patna High Court Cr.Misc. No.28734 of 2018 (3) dt.22-06-2018 2/3 and complained that she had been physically assaulted by the petitioner. It is alleged that the informant took her daughter to the Police Station for lodging a case where the petitioner was also present. The police sent both of them together after taking undertaking from the petitioner. The daughter of the informant went to her Sasural and found that the petitioner has performed another marriage and his second wife was living in the house of the petitioner. The informant learnt on 08.09.2013 that her daughter has been killed and her dead body was disposed off. The informant went along with other witnesses to the Sasural of her daughter and found the house of the petitioner locked.

Learned counsel for the petitioner has submitted that during investigation it has come that daughter of the informant (since deceased) died due to unidentified treatment. The petitioner is husband of the deceased. There is direct allegation against the petitioner of torturing and assaulting the daughter of the informant for demand of dowry and performing second marriage within two years of his marriage with daughter of the informant. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Patna High Court Cr.Misc. No.28734 of 2018 (3) dt.22-06-2018 3/3 Petitioner may surrender before the court below and make prayer for regular bail.

(Sanjay Priya, J) S.Ali/- Rohit Kr.

U T