Awadh Mehta @Awadh Kishore Mehta v. The State Of Bihar

Patna High Court Cr.Misc. No.22185 of 2016 (3) dt.05-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22185 of 2016 Arising Out of PS.Case No. -25 Year- 2015 Thana -KHUDWAN District- AURANGABAD ======================================================

1. Awadh Mehta @awadh Kishore Mehta S/o Ramdeyal Mehta R/o Village - Bhadua, P.S. - Khudwa, District - Aurangabad (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Kr. Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-07-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Khudwa P.S. Case No. 25 of 2015 registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code. Manju Devi, the sister of the informant was married to the petitioner 14 years ago and allegedly, due to non-fulfillment of cash and motorcycle, she was being tortured and ultimately she was brutally assaulted and killed by the petitioner and other inlaws and thereafter, the accused persons fled away. Submission is of false implication and that out of the wed-lock there are four children, there was no intention to commit murder, as a matter of fact the wife of the petitioner fell down on

Patna High Court Cr.Misc. No.22185 of 2016 (3) dt.05-07-2016 hard surface resulting she received injuries and died, the petitioner without any fault is suffering in custody since 27.02.2016, other co-accused have been allowed pre-arrest bail vide Cri. Misc. No. 48504/15.

The learned A.P.P. opposes the prayer of bail by submitting that the petitioner is the husband and the daughter of the petitioner, namely, Puja Kumari has stated that the petitioner and others assaulted her mother resulting she became unconscious and died, vide para 10 of the case diary. In the facts and circumstances stated above, considering the allegation attributed against the petitioner, at present, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Khudwa P.S. Case No. 25 of 2015 pending in the Court of learned SDJM, Daudnagar, Aurangabad.

However, let the trial be expedited and concluded as early as possible, preferably within a period of nine months from the date of receipt or production of a copy of this order. (Jitendra Mohan Sharma, J) sushma/- U T