Chandrama Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78126 of 2024 Arising Out of PS. Case No.-63 Year-2012 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Chandrama Paswan Son of Loka Paswan R/o Village- Marchi, P.S.- Bhagwanpur Dist.- Kaimur Bhabhua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamal Kishor Kumar, Advocate For the Opposite Party/s :
Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-01-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has renewed his prayer for grant of regular bail in connection with Bhagwanpur P.S. Case no. 63 of 2012 registered under sections 302 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that finding his wife to be missing from his house on enquiry it transpired that the petitioner had called her on telephone. Subsequently, he came and took his wife with him. On her not returning, the informant's daughter went to sleep. The next morning, the dead body of the informant's wife was discovered.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.78126 of 2024(3) dt.03-01-2025 2/3 earlier prayer for bail of the petitioner was rejected vide order dated 9.4.2024 passed in Cr. Misc. no. 83626 of 2023. Inspite of the petitioner being in custody since 11.9.2023 only three witnesses have been examined on behalf of the prosecution and there is no chance of the trial concluding in the near future. Even the witnesses examined are only hear say witnesses and do not support the prosecution case so far as this petitioner is concerned. The petitioner's being in custody is causing an impediment in treatment of his son. The petitioner undertakes to cooperate in the trial and to abide by the conditions which may be laid for his release on his bail.
5. The application for bail is opposed by learned APP for the State.
6. A report was called for from the learned trial Court. As per the report received contained in letter dated 5.12.2024, three witnesses have been examined on behalf of the prosecution on 11.7.2024, 13.8.2024 and 3.9.2024. Eight witnesses named in the charge-sheet remain to be examined.
7. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the material that has transpired in course of investigation, the petitioner having absconded for more than 10 years since 2012
Patna High Court CR. MISC. No.78126 of 2024(3) dt.03-01-2025 3/3 and trial having commenced as is evident from the report received from the learned trial Court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
8. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Harsh/- U T