The High Court of Patna considered a bail application in a dowry death case. Claiming the petitioner could not exonerate himself from responsibility regarding his wife's disappearance, the Court rejected the bail plea.
Prayer for bail was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27563 of 2022
Arising Out of PS. Case No.-77 Year-2020 Thana- RATANPUR District- Supaul
======================================================
Shivesh Paswan @ Shivesh Kumar Paswan, S/o Amlesh Paswan R/o villageDhadha, Ward No. 03, P.S.- Ratanpura, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Adv. For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
Heard learned counsel for the petitioner and the
learned APP for the State.
Let the defect(s) be removed within four weeks of the
complete start of the physical Court in normal course.
The petitioner is in judicial custody in connection with S.T. No.216 of 2021 arising out of Ratanpura P.S. Case No.77/2020 instituted under Section 304(B)/201/34 of the Indian Penal Code.
As per the allegation in the FIR, the petitioner is married to the lady namely Sunita Devi (deceased) on 12.03.2020, but she was regularly tortured for the motorcycle which the informant’s side fulfilled. Further, although the lady was vegetarian, she was regularly asked to prepare non-veg food and due to the said dispute, it is alleged that not only the lady was killed she was put in a bag and thrown at a secluded place.
Patna High Court CR. MISC. No.27563 of 2022(2) dt.24-08-2022 2/2
The petitioner being the husband cannot exonerate himself from the responsibility and or his alibi that the lady disappeared and he was searching for her is fit to be rejected. It is not the case of the husband that pursuant to her disappearance, he went to the local police station to lodge the FIR.
Taking into account the aforesaid fact, this Court is not inclined to grant him privilege of bail, which is accordingly rejected.
(Rajiv Roy, J)
Prakash Narayan /- U T
1 issue framed by the court
Whether bail should be granted to the petitioner in a case alleging dowry-related torture and murder under Section 304(B)/201/34 IPC.
1 provisions across 1 enactments
Shivesh Paswan @ Shivesh Kumar Paswan
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
