LAWS(PAT)-2016-4-116

PRADEEP SAH Vs. THE STATE OF BIHAR

Decided On April 19, 2016
Pradeep Sah Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) The present application under Sec. 482 of the Code of Criminal Procedure (For short "CrPC ") has been filed for quashing the order dated 21.04.2015 passed by the learned Sessions Judge, Madhepura in Criminal Revision No. 30 of 2015 whereby the revision application filed by the petitioner against the order dated 06.01.2015 passed by the learned Chief Judicial Magistrate, Madhepura in Madhepura (Ghailarh) P.S. Case No. 724 of 2013.

(2.) The aforesaid Madhepura (Ghailarh) P.S. Case No. 724 of 2013 was registered on the basis of a written report submitted by one Anil Sah to the Officer-in-charge, Madhepura (Ghailarh) Police Station on 08.12.2013.

(3.) It has been stated in the aforesaid written report by Anil Sah that on 25.11.2013 in the morning when he woke up, he did not find his wife Binita Devi inside the house. He made a search for her but she could not be traced. He inquired about her whereabouts from her relatives and friends, but failed to locate her. He suspected that his wife might have eloped with the petitioner as she was having extramarital affair with the petitioner and he had found them in compromising position on different occasions for which panchayati had also taken place. A suspicion has also been raised that the petitioner might have abducted his wife for the purpose of marriage.