Chandrama Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83626 of 2023 Arising Out of PS. Case No.-63 Year-2012 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== CHANDRAMA PASWAN SON OF LOKA PASWAN @ LOKHNATH PASWAN R/O VILLAGE- MARCHI, P.S.- BHAGWANPUR, DISTRICTKAIMUR (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. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-04-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application 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 petitioner has been falsely implicated in the case. At best, the

Patna High Court CR. MISC. No.83626 of 2023(4) dt.09-04-2024 2/2 case against the petitioner is one of last seen. The allegations or suspicion raised against the petitioner are all false and incorrect. There is no eye witness to the alleged occurrence. The petitioner is in custody since 11.9.2023 and chargesheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State who submits that in a case of the year 2012, the petitioner was taken into custody only after about eleven years in the year 2023.

6. 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 and specially the petitioner having absconded for more than 10 years, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T