Dismissed

Rajesh Paswan v. The State of Bihar

Patna HC5 Feb 2020CR. MISC./2938/2020

Case brief

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What is this about?

The High Court dismissed a second bail petition filed by a husband accused of murdering his wife for dowry. Finding no change in circumstances and grave complicity, the court rejected the prayer considering the seriousness of the Section 302/IPC allegations.

What did the court decide?

No occasion for re-consideration of the prayer for grant of regular bail; petition stands dismissed.

Rajesh Paswan Vs The State of Bihar — Dowry and Cruelty | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2938 of 2020

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Arising Out of PS. Case No.-437 Year-2017 Thana- TURKAULIYA District- East

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Champaran

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======================================================

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RAJESH PASWAN Son of Gopal Paswan Resident of Village- Raghunathpur, P.S.- Turkauliya (Raghunathpur O.P.), District- East Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dilip Kumar Tondon For the Opposite Party/s : Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 05-02-2020

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Heard the learned counsel for the petitioner and the learned APP for the State.

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The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Turkauliya (Raghunathpur) PS case no. 437 of 2017 instituted for the offence punishable under Sections 304(B), 120(B), 302/34 of Indian Penal Code, inasmuch as the earlier prayer of the petitioner for grant of regular bail was rejected by this Court vide order dated 23.07.2018 passed in Cr. Misc. no. 34290 of 2018.

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The allegation is regarding the husband having killed his wife on account of non-fulfilment of the demand for dowry and the petitioner is the husband who is alleged to have killed his wife.

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Patna High Court CR. MISC. No.2938 of 2020(2) dt.05-02-2020 2/3

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This Court had considered the entire materials on record while rejecting the case of the petitioner for grant of regular bail earlier, which would be evident from the relevant portion of the order dated 23.07.2018, which is reproduced hereinbelow :-

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“ The learned counsel for the petitioner submits that there is no marks of external injury. It is also submitted that the petitioner is languishing in custody since 11.08.2017.

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Per contra, the learned A.P.P. for the State has submitted that the present case is a clear cut case of the petitioner having killed his wife and the marriage had taken place only two years back. It is further submitted that there are ample materials in the case diary to connect the petitioner with the alleged crime. Lastly, it is submitted that ligature mark has been found on the neck of the victim lady and the victim lady had died of asphyxia due to hanging. Therefore, the complicity of the petitioner is writ large from the record. ”

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The learned counsel for the petitioner has submitted

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that the petitioner is languishing in custody since 11.08.2017 and there is no progress in the trial.

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I have heard the learned counsel for the parties and perused the materials on record. This Court finds that there is no change in circumstance, from the day the prayer of the petitioner for grant of bail was rejected earlier vide order dated 23.07.2018, till date, hence all the more, there is no occasion for

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Patna High Court CR. MISC. No.2938 of 2020(2) dt.05-02-2020 3/3

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re-consideration of the prayer of the petitioner for grant of regular bail. Moreover, this Court finds that the complicity of the petitioner is writ large which is evident from the records, hence considering the gravity of the offence and the seriousness of the allegations levelled against the petitioner herein, I do not find any merit in the present petition, accordingly the same stands dismissed.

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(Mohit Kumar Shah, J)

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rinkee/-

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U T

Rajesh Paswan v. The State of Bihar

Case brief

What is this about?

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Rajesh Paswan v. The State of Bihar

Case brief

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