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Patna High CourtCR. MISC./11878/2017bail granted

Chandra Shekhar Das v. The State Of Bihar

2017-04-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11878 of 2017 Arising Out of PS.Case No. -249 Year- 2015 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Chandra Shekhar Das, S/o Satto Das, Resident of Village- Sahiyar Dih, Police Station- Rosera, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Mrs. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-04-2017 Heard both sides.

The petitioner seeks bail in Rosera P.S. case No. 249 of 2015 under Section 364/34 of the Indian Penal Code. The informant, brother of Sushila Devi, disclosed in his fard bayan that his brother-in-law, Chandra Shekhar Das, the petitioner, husband of Sushila Devi, rang him to know whereabouts of Sushila Devi as she was not found in the house of her husband. The informant rang mother of Chandra Shekhar Das and she is said to have disclosed that there was some altercation between the husband and wife in the previous day and thereafter Sushila Devi left the house and she was traceless. The informant suspected that husband of his sister and other in-laws of his sister kidnapped his sister.

Patna High Court Cr.Misc. No.11878 of 2017 (3) dt.19-04-2017 2/2 The learned counsel for the petitioner submits that during the course of investigation the informant and his family members disclosed that Sushila Devi is traceless but the supervisory authority found that Sushila Devi was mentally ill and during the course of treatment she died. The villagers of the petitioner also disclosed the same facts.

Considering the facts aforesaid and the fact that petitioner being husband of Sushila Devi is in jail since 04.07.2016, the above named petitioner 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 Additional Chief Judicial Magistrate, Rosera at Samastipur in Rosera P.S. Case No. 249 of 2015. (Prabhat Kumar Jha, J) BKS/- U T