Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43195 of 2014 Arising Out of PS.Case No. -27 Year- 2014 Thana -BARBIGHA District- SEKHPURA ====================================================== Chandan Paswan, Son of Ram Pravesh Paswan, Resident of VillageRampur Sindai, P.S. Barbigha, District- Sheikhpura. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Arun Kumar, Adv. For the Opposite Party : Mr. Narsing Tanti (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 03-03-2015 The petitioner is facing trial in Barbigha P.S. Case No.27 of 2014, for the offence punishable under Sections-304B, 201/34 of I.P.C. and Sections-3/4 of Dowry Prohibition Act. The petitioner is alleged to have caused the death of his wife on 22.1.2014. He was arrested on 14.5.2014. B.A. No.179 of 2014, filed by him in the court of Additional Sessions Judge, Sheikhpura, was dismissed on 10.9.2014. Hence, this application for regular bail before this Court.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The motive for causing the death of the wife is said to be the non-fulfilment of demand for presentation of a motorcycle by the parents of the deceased. One fact which impresses this Court is that one of the accused i.e.

Patna High Court Cr.Misc. No.43195 of 2014 (3) dt.03-03-2015 2/2 sister of the petitioner, was tried as a juvenile by the Juvenile Justice Board, Sheikhpura, in which the complainant deposed as P.W.1 and he stated that his daughter, the deceased, died out of excessive bleeding and none of the accused have caused any injuries to her. The question as to whether the prosecution would be able to prove its case needs to be considered in the trial. However, in view of the specific version of the complainant who deposed as a witness in the Juvenile Court. This Court is of the view that the petitioner deserves bail. Hence, the petition is allowed. The petitioner is directed to be released on bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sheikhpura in Barabigha P.S. Case No.27 of 2014. (L. Narasimha Reddy,CJ) K.C.jha/- U T