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Patna High CourtCR. MISC./36179/2024rejected

Deepak Mehta @ Deepak Kumar Mehta v. The State Of Bihar

2024-08-05Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36179 of 2024 Arising Out of PS. Case No.-41 Year-2023 Thana- RATANPUR District- Supaul ====================================================== Deepak Mehta @ Deepak Kumar Mehta Son of Ram Sagar Mehta R/O Vill.- Bahorwa, ward no. 12, P.S.- Ratanpura, Dist.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Prabhakar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-08-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 304(B), 498A, 34 of the Indian Penal Code. The accusation is of killing the daughter of the informant by her in-laws family members including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of the deceased. The deceased had committed suicide since

Patna High Court CR. MISC. No.36179 of 2024(4) dt.05-08-2024 2/3 she was not happy with the lifestyle of the petitioner and at the time of occurrence, the petitioner went to Patna. After information of suicide, he came to his residence, informed the I.O and thereafter performed last ritual of his deceased wife. The petitioner is languishing in custody since 30.07.2023. A statement has been made in para 3 of the petition that petitioner has got no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased. The deceased died within seven years of marriage. The postmortem report suggests cardio, respiratory failure caused by strangulation. During investigation, the witnesses have also supported the case of the prosecution.

Considering the fact that petitioner is husband of the deceased and the death occurred within seven years of the marriage, this Court is not inclined to grant

Patna High Court CR. MISC. No.36179 of 2024(4) dt.05-08-2024 3/3 privilege of bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected.

The learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Sunil Kumar Panwar, J) Shageer/- U T