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Dashrath Paswan Vs. the State of Bihar

Dashrath Paswan vs The State of Bihar

Type Court Judgment Court Patna Decided May 19, 2012
~2 min read
https://sooperkanoon.com/case/975286

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Citation
Court
Patna High Court
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Dashrath Paswan

Respondent

The State of Bihar

Excerpt

in the high court of judicature at patna criminal miscellaneous no.34882 of 2011 dashrath paswan versus the state of bihar ---------------------------------”19. 01-2012 heard learned counsel for the petitioner and learned additional public prosecutor for the state. the petitioner is in jail custody since 26-04- 2011 in a case registered under sections-304b, 201/34 of the indian penal code. petitioner is husband of the deceased whose dead body was allegedly, disposed of by the petitioner and other accused persons in very hurried manner and there is allegation of illegal demand as well as torturing against the petitioner. learned counsel for the petitioner submits that the deceased died of diarrhea and having considered the aforesaid fact, the another bench of this court has already enlarged the in-laws of the petitioner on anticipatory bail. regard being had to the facts and circumstance of the case as well as submission of the parties; i am not inclined to release the petitioner on bail, at least, at this stage. 2 accordingly, prayer for bail of the petitioner in connection with desari p.s. case no. 39 of 2011 pending in the court of chief judicial magistrate, vaishali at hajipur is, hereby, rejected. however, learned chief judicial magistrate, vaishali at hajipur is directed to commit the case of the petitioner to the court of sessions in accordance with law within a period of one month from the date of receipt/production of the order. furthermore, the petitioner may renew his prayer for bail after nine months if his trial is not concluded within above-said period. ( hemant kumar srivastava, j.) akvishwakarma

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34882 of 2011 Dashrath Paswan Versus The State Of Bihar ---------------------------------”

19. 01-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in jail custody since 26-04- 2011 in a case registered under Sections-304B, 201/34 of the Indian Penal Code. Petitioner is husband of the deceased whose dead body was allegedly, disposed of by the petitioner and other accused persons in very hurried manner and there is allegation of illegal demand as well as torturing against the petitioner. Learned counsel for the petitioner submits that the deceased died of diarrhea and having considered the aforesaid fact, the another bench of this court has already enlarged the in-laws of the petitioner on anticipatory bail. Regard being had to the facts and circumstance of the case as well as submission of the parties; I am not inclined to release the petitioner on bail, at least, at this stage. 2 Accordingly, prayer for bail of the petitioner in connection with Desari P.S. case No. 39 of 2011 pending in the court of Chief Judicial Magistrate, Vaishali at Hajipur is, hereby, rejected. However, learned Chief Judicial Magistrate, Vaishali at Hajipur is directed to commit the case of the petitioner to the court of sessions in accordance with law within a period of one month from the date of receipt/production of the order. Furthermore, the petitioner may renew his prayer for bail after nine months if his trial is not concluded within above-said period. ( Hemant Kumar Srivastava, J.) AKVishwakarma

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