Chandan Paswan @ Chandan Kumar Paswan @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28315 of 2025 Arising Out of PS. Case No.-58 Year-2024 Thana- TANDWA District- Aurangabad ====================================================== Chandan Paswan @ Chandan Kumar Paswan @ Chandan Kumar S/o Nagendra Ram @ Nagendra Paswan R/o Ramsagar Bigha, P.S.- Tandwa, District- Aurangabad (Bihar).
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aman Vishal, Advocate For the Opposite Party/s :
Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with S.Tr. No. 171/2025/25/2025 arising out of Tandwa P.S. Case No. 58/2024, registered for the offence under Sections 341, 323, 304B, 34 of the Indian Penal Code.
3. The accused/petitioner is named in the F.I.R. and is in custody since 25.11.2024.
4. As per FIR, the daughter of the informant was killed by her in-laws, due to non-fulfillment of demand of dowry, as raised for cash of rupees one lacs. Petitioner is the husband of the deceased.
5. Learned Counsel appearing on behalf of the petitioner submitted that the petitioner implicated with this case only for the reason that he is the husband, whereas on the date of occurrence,
Patna High Court CR. MISC. No.28315 of 2025(3) dt.25-09-2025 2/3 he was in Ramgarh, Jharkhand in connection of his job. It is submitted that in support of same, a certificate from company was also given, which is annexed with present bail petition as (Annexure-4). It is also submitted by learned counsel that in fact wife of the petitioner was suffering from Chronic asthma, due to which she died while she was on way to hospital. It is submitted that upon postmortem, no external or internal antemortem injury was found upon the deceased, suggesting prima facie that she was not assaulted physically soon before the death.
It is submitted that the cause of death was also could not ascertained as to arrive on the conclusion prima facie that the death of the wife of the deceased was unnatural as to import the implication of the petitioner for the offence punishable under Section 304B of the IPC. It is pointed out that the allegation qua demand of dowry is also appearing very much general and omnibus against the petitioner. While concluding the argument, it is submitted that investigation of this case is already completed, for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Petitioner claimed clean antecedent.
6. Learned APP opposed the prayer of bail.
7. Considering the aforesaid factual submissions and by taking note of fact as no internal and external injury was noticed
Patna High Court CR. MISC. No.28315 of 2025(3) dt.25-09-2025 3/3 upon the deceased as to suggest prima facie that she was assaulted soon before the occurrence, where cause of death also could not ascertained suggesting prima facie that same was unnatural, coupled with the fact that the demand regarding dowry is general and omnibus qua petitioner, wherein petitioner being a man of clean antecedent, remains in custody since 25.11.2024, accordingly, petitioner above named, is directed to be released on bail in connection with S.Tr. No. 171/2025/25/2025 arising out of Tandwa P.S. Case No. 58/2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-II, Aurangabad (Bihar)/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) veena/- U T