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Patna High CourtCR. MISC./9486/2015disposed

Subudh Nonia @ Subodh Nonia And ANR v. The State Of Bihar

2015-05-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9486 of 2015 Arising Out of PS.Case No. -147 Year- 2014 Thana -BALRAMPUR District- KATIHAR ======================================================

1. Subudh Nonia @ Subodh Nonia

2. Sanjay Nonia @ Sanjay Nonia @ Sanjay Buniya Son of Late Kalwa Nonia Resident of Village - Mahlabari, P.S. - Balrampur, District - Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Singh, Adv. For the Opposite Party/s : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-05-2015 Heard both sides.

The petitioners seek bail in Balrampur P.S. Case No. 147 of 2014, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

The father of the deceased made allegation that his daughter was killed by her husband and other in-laws. It is submitted that petitioner no. 1 is husband and petitioner no. 2 Sanjay Nonia is the brother-in-law of the deceased. No specific allegation is made.

It is submitted that the husband was taking wine and the deceased was asking him not to take wine.

It appears that no specific allegation is made against

Patna High Court Cr.Misc. No.9486 of 2015 (4) dt.01-05-2015 2/2 the brother-in-law (Petitioner no 2) and it was he who informed the informant.

Considering the facts aforesaid, petitioner no. 2 (Sanjay Nonia @ Sonja Nonia) is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Katihar in connection with Balrampur P.S. Case no. 147 of 2014.

So far as the case of Petitioner no. 1 (Subudh Nonia) is concerned, he is the husband of the deceased and the deceased died within two years of her marriage. The doctor found ligature mark on the neck of the deceased, I am not inclined to enlarge the petitioner no. 1 (Subudh Nonia) on bail. Accordingly, the same is rejected.

The trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt of this order.

(Prabhat Kumar Jha, J.) Rakhi/- U T