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Patna High CourtCR. MISC./16169/2016bail granted

Shio Tahal Chaudhary v. The State Of Bihar

2016-05-20Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16169 of 2016 Arising Out of PS.Case No. -28 Year- 2015 Thana -RAMGARH District- BHABHUA (KAIMUR) ====================================================== Shio Tahal Chaudhary son of Palaki Chaudhary, resident of VillageAatdiha, P.S.- Ramgarh, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is an accused in connection with Ramgarh P.S. Case No.28 of 2015 registered under Sections 302and 201/34 of the Indian Penal Code.

The prosecution case, in brief, is that the informant performed marriage of his sister 35 years ago with this petitioner and out of the wedlock of the petitioner and the sister of the informant there is one daughter, namely, Rinku Kumari. Thereafter the petitioner performed remarriage with another lady, namely, Dharmawati Devi with whom the petitioner was blessed with two sons and two daughters. It is further alleged that before 14 years Rinku Kumari, daughter of the petitioner was married.

Patna High Court Cr.Misc. No.16169 of 2016 (3) dt.20-05-2016 2/2 After second marriage of the petitioner, the sister of the informant was subjected to torture by the petitioner. On 3.2.2015 the informant received message about killing of his sister by her husband and disposing of her dead body. When the informant reached the house of his sister he found her house was locked and on quarry the people of the vicinity informed him that his sister had been killed and her dead body had been disposed of. Learned counsel for the petitioner submits that the deceased who was the first wife of the petitioner died due to illness the father of the petitioner gave information to the informant, brother of the deceased, that the wife of the petitioner was dead and her dead body was disposed of. With an ulterior motive the present case has been lodged against the petitioner who is in custody since 5.1.2016.

Having regard to the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Kaimur at Bhabua, in Ramgarh P.S. Case No.28 of 2015.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U