IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25634 of 2008 BABLOO KUMAR CHOUDHARY, Son of Late Satya Narayan Choudhary, resident of village-Ekahatha, P.S. Khutauna, District- Madhubani. Versus STATE OF BIHAR ----------- 3. 21.10.2008 The F.I.R. was under Section 302 and 201/34 of the Indian Penal Code by a Dafadar who alleged that he heard a remour that co- accused Raj Kumar Choudhary and his second wife Tetri Devi had killed his (Raj Kumar’s) first wife Sonawati Devi (deceased) and on learning this when he went to their house he (informant) found the petitioner there who confessed before him (informant) that Raj Kumar Chaudhary and his second wife Tetri Devi had killed the deceased by strangulating her and that the petitioner had helped them and he was also trying to bury the dead body. The learned A.P.P. referred to the statement of witnesses and the case diary and submitted that they have stated that Raj Kumar Chaudhary and his second wife Tetri Devi had killed the deceased and the petitioner was also involved in the offence by concealment of the dead body. The learned A.P.P. also submits that the deceased had earlier filed an F.I.R. under Laukha (Khutauna) P.S. Case No. 61 of 2007 under Section 498 A of the Indian Penal Code against her husband Raj Kumar Chaudhary and his second wife Tetri Devi. The learned counsel for the petitioner submits that co- accused Raj Kumar Chaudhary and Tetri Devi had the motive for commission of the murder of the deceased. Further submission is that so far the petitioner is concerned, even according to his confessional statement, he is said to have assisted in the concealment of the dead - 2 - body by way of burring it which makes out an offence under Section 201 of the Indian Penal Code. The petitioner is in custody since 12.4.2008. No other material is pointed out by the learned A.P.P. In the facts and circumstances of the case, the petitioner Babloo Kumar Chaudhary is admitted to bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M, Jhanjharpur, Madhubani, in connection with Laukaha (Khutauna) P.S. Case No.42 of 2008. (C.M. Prasad, J.) Ravi/-