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Patna High CourtCR. MISC./48331/2015rejected

Bhushan Chouhan v. The State Of Bihar

2016-04-18Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48331 of 2015 Arising Out of PS.Case No. -347 Year- 2014 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Bhushan Chouhan Son of Ramdeo Chouhan, Resident of Village / Mohalla - Mohiuddinpur Beldaria, P.S. - Bihar, District - Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Gulwar Begam (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner being husband is apprehending his arrest in connection with Bihar P.S. Case No. 347 of 2014 registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Panel Code.

Learned Senior Counsel for the petitioner submits that the marriage being an illegal marriage, provisions of Section 304(B) would not be attracted.

Case diary in the present case was called for which has since been received. After perusal of the case diary,it appears that in fact they had been married between the parties. The informant, sister of the deceased, insisted for court marriage with the

Patna High Court Cr.Misc. No.48331 of 2015 (6) dt.18-04-2016 2/2 petitioner but the petitioner was reluctant and started demanding cash and the informant got information that due to nonfulfillment of the said demand, started committing cruelty. The petitioner and his family members have thrown her sister's dead body in Rajama Khandha and the informant saw mutilated the dead body lying there.

In view of the aforementioned facts and circumstances, this Court is not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected. (Anjana Mishra, J) ajaypd./- U T