Chunu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46588 of 2015 Arising Out of PS.Case No. -87 Year- 2005 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Chunu Paswan son of Sheonath Paswan, Resident of village- Dilawarpur Tola Bhagwanpur, P.S.- Kesariya, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Dasrath Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with S. Tr. No. 633 of 2014 arising from Kesariya P.S. Case No. 87 of 2005 registered for offences under sections 304(B) and 201/34 of the Indian Penal Code.

Allegation has been made against the petitioner and his family members that the victim-wife was killed and later on, her body was disposed of. Allegation in the first information report has been made that they were demanding dowry and this incident has taken place on account of non-fulfillment of demand. In this case, two witnesses have already been examined, they have taken stand altogether which is non-compatible to the earlier stand

Patna High Court Cr.Misc. No.46588 of 2015 (4) dt.17-02-2016 2/2 taken in the first information report and so much so that the petitioner is in custody since 26th February 2013. Looking to the facts and circumstances of the case, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 10th Additional Sessions Judge, East Champaran in connection with S.Tr. No. 633 of 2014 arising from Kesariya P.S. Case No. 87 of 2005, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner and (ii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds. The court below is directed to complete the trial within six months from the date of receipt/production of a copy of this order.

(Shivaji Pandey, J) Mahesh/- U T