Laxmi Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7447 of 2020 Arising Out of PS. Case No.-192 Year-2019 Thana- LAUKAHI District- Madhubani ====================================================== Laxmi Mehta, aged about 65 years, Male, Son of Late Khushi Lal Mehta, Resident of Village- Bhagwanpur, P.S.- Andharamanth, Distt- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinesh Choudhary For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-06-2020 Heard both sides through video conferencing.

The petitioner seeks bail in Laukahi P.S. Case No.192 of 2019, registered under Sections 302, 120(B) and 34 of the Indian Penal Code and 27 of the Arms Act.

The informant, daughter of the deceased, alleged that she got four step brothers, namely, Krishna Deo Mehta, Ramesh Mehta, Sanjay Mehta and Lalu Mehta. Her father, Laxmi Mehta transferred 1 katha 13 dhurs land to her step brother, Krishna Deo Mehta and 1 katha 3 dhurs homestead land to her mother. Her mother was always asking Krishna Deo Mehta, her step son, to vacate the land but Krishna Deo Mehta was always threatening her mother to kill. The informant further alleged that Krishna Deo Mehta, Ramesh Mehta and their father, Laxmi Mehta had got her mother killed.

Patna High Court CR. MISC. No.7447 of 2020(6) dt.08-06-2020 2/3 Learned counsel for the petitioner submits that the petitioner is the husband of the deceased. The petitioner had already transferred the land to Krishna Deo Mehta and his second wife, the deceased. Save and except the suspicion, there is no material to show the involvement of the petitioner in the alleged killing of the wife of the petitioner. The police obtained confessional statement of Krishna Deo Mehta, who is said to have disclosed before the police that the petitioner also conspired with Krishna Deo Mehta and his brother, Ramesh Mehta to kill the deceased, wife of the petitioner, but there is no other tangible material to show the involvement of the petitioner in killing of the deceased. The petitioner is in jail since 16.09.2019.

The learned Additional P.P. however, opposed the prayer for bail.

It appears that the informant, the daughter of the deceased, suspected the hand of the petitioner in killing his second wife in conspiracy with the sons of first wife but there appears that save and except suspicion, the police did not collect any tangible material. There appears no eye witness of the occurrence save and except the confessional statement of Krishna Deo Mehta, the step son of the deceased.

Patna High Court CR. MISC. No.7447 of 2020(6) dt.08-06-2020 3/3 Taking into consideration the facts aforesaid, petitioner, namely, Laxmi Mehta is directed to be enlarged 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 C.J.M., Jhanjharpur in connection with Laukahi P.S. Case No.192 of 2019.

(Prabhat Kumar Jha, J) S.KUMAR/- U T