Sadare Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36656 of 2014 Arising Out of PS.Case No. -93 Year- 2013 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Sadare Alam Son of Late Sk. Sagir resident of village- Adhkaparia, P.S.- Ramgarhwa, District- West Champaran .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Aditya Nath Jha For the Opposite Party : Mr. Abhay Kumar 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-03-2015 Petitioner is languishing in custody since 24.06.2014 in a case registered for the offences punishable under Sections 302, 201/34 of the I.P.C.
It is alleged that informant's daughter Budhiya Khatoon was married with the petitioner about 10-12 years prior to the occurrence. Due to the torture inflicted by the first wife of the petitioner Budhiya Khatoon started residing separately. Subsequently Budhiya Khatoon filed a case for maintenance in which the petitioner was directed to make payment of maintenance amount. Petitioner did not make payment of the maintenance amount for few months which was complained by Budhiya Khatoon to her father. Subsequently the dead body of Budhiya Khatoon was found packed in a gunny bag.
It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.36656 of 2014 (3) dt.02-03-2015 2/2 petitioner that admittedly Budhiya Khatoon was residing separately and she developed some relationships with other people. There is no eye witness to the occurrence and only on suspicion the accusation has been levelled. This fact has not been controverted by learned A.P.P after going through the case diary that there is no eye witness to the occurrence. Considering the fact that investigation has concluded, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari in connection with Ramgarhwa P.S. Case No. 93 of 2013. (Dinesh Kumar Singh, J) Shageer/- U T