Arun Prajapati @ Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12718 of 2020 Arising Out of PS. Case No.-13 Year-2019 Thana- TANDWA District- Aurangabad ====================================================== Arun Prajapati @ Arjun Kumar, S/o Jagdish Prajapati, R/o VillagePichhuliya, P.S.- Tandwa, Distt- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-10-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner is accused in connection with Sessions Trial No. 16 of 2020 arising out of Tandwa P.S. Case No. 13 of 2019, registered under Sections 304(B) and 201/34 of the Indian Penal Code.

The accusation is that informant, Raghunath Prajapati, performed the marriage of his daughter Saraswati Kumari, in the year 2015 with the petitioner, son of Jagdish Prajapati. While the daughter of the informant was kept properly for some time in her matrimonial house but thereafter, she was being tortured by her husband and in-laws for demand of cash of Rs.2,00,000/- and gold chain giving threatening that if the

Patna High Court CR. MISC. No.12718 of 2020(5) dt.12-10-2020 2/3 demand will not be fulfilled, she will be killed and re-marriage will be performed. On 22.02.2019, informant received information about killing of his daughter by pressing the neck and throwing the dead body in the well and also disposed of the dead body removing from the well. The information regarding the said occurrence was received by the informant from his village girl, whose marriage was performed in village Duwari, which is at the distance of 3 km far away from the place of occurrence.

Learned counsel for the petitioner submits that admittedly, petitioner, is the husband of the deceased, daughter of the informant, who in course of returning after attending the call of nature fell down in the well and when she did not return then on search, the dead body of daughter of the informant found lying in the well, regarding which, information was given to the informant and thereafter, the dead body was cremated in presence of the informant but with ulterior motive, the present case has been lodged with false allegation. Further submission is that in course of investigation, Investigating Officer has not recorded the statement of any villagers of the petitioner. Further submission is that petitioner is in custody since 27.02.2019 and after investigation, police submitted the

Patna High Court CR. MISC. No.12718 of 2020(5) dt.12-10-2020 3/3 charge sheet against the petitioner.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-X, Aurangabad, in connection with Sessions Trial No. 16 of 2020 arising out of Tandwa P.S. Case No. 13 of 2019. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T