Surendra Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33895 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -KAUAKOL District- NAWADA ======================================================
1. Surendra Chauhan, Son of Somari Chauhan, Resident of Village- Pali, P.S.- Kowakole, District- Nawada.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Hansraj For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-11-2015 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
Petitioner happens to be husband of the deceased and according to prosecution case itself, the marriage of petitioner had taken place with deceased ten years ago.
In course of investigation, it came to light that prior to institution of the present case, there was quarrel between petitioner and deceased as deceased wanted to go to her natal place. Furthermore, in course of investigation, the dead body of the deceased was recovered from a river. It has also come in course of investigation that when deceased was found missing, the co-villagers asked the petitioner about the deceased then petitioner
Patna High Court Cr.Misc. No.33895 of 2015 (4) dt.26-11-2015 2/2 disclosed that deceased went to her natal place. Admittedly, none has seen the actual killing of the deceased nor the dead body of the deceased was recovered from the house of the petitioner. Furthermore, there is nothing on the record to show that any person claimed to have seen the petitioner carrying the dead body of the deceased.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Kowakole P.S. Case No. 49 of 2015.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T