Awadhesh Poddar And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6985 of 2015 Arising Out of PS.Case No. -12 Year- 2014 Thana -KHARIK District- BHAGALPUR ======================================================

1. Awadhesh Poddar

2. Sarita Devi

3. Amardeep Poddar

4. Pawan Poddar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Yadav For the Opposite Party/s : Mr. Md. Nazir Ansari(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 28-04-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.

It has been submitted on behalf of the petitioners that petitioner no.1, Awadhesh Poddar has been arrested and on account thereof, instant petition has become infructuous relating to petitioner no.1, Awadhesh Poddar and is accordingly, held so. Informant, Pramod Kumar Azad, who happens to be father of the victim, had filed written report on 23.01.2014 disclosing therein that in the night of 20.01.2014, he received call from his son in-law, who was at Gujarat, regarding disappearance of his daughter. He had further disclosed that his daughter had telephonically informed him regarding maltreatment having been subjected to her at her Sasural by her Sasuralwala and so, he

apprehended after causing murder of his daughter, her dead body might have been disposed of and for that, he had identified Awadhesh Poddar, Sarita Devi, Amardeep Poddar, Pawan Poddar and Himanshu Poddar.

From the written report itself, it is evident that informant was informed by his son in-law regarding disappearance of his daughter in the night of 20.01.2014 itself. When the case diary has been gone through, it is evident that witnesses have disclosed regarding persistent illicit relationship in between Himanshu Poddar and the alleged victim. Further, it has also been disclosed that on the fateful day, unfortunately they both were caught hold of and on account thereof, they both slipped and since then, have not returned to the village. That being so, the allegation levelled by the informant at the present moment, appears to be duly piled up.

Accordingly, petitioners Sarita Devi, Amardeep Poddar and Pawan Poddar each are directed to 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 the learned Additional Chief Judicial Magistrate, Naugachia, Bhagalpur in connection with Kharik (Naugachia) P. S. Case no.12 of 2014, in event of their arrest/ surrender within four weeks

subject to condition as enumerated under Section 438(2) of the Cr.P.C.

(Aditya Kumar Trivedi, J) Vikash/- U T