Arun Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26439 of 2015 Arising Out of PS.Case No. -329 Year- 2014 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ======================================================
1. Arun Mehta Son of Dilip Mehta Resident of Village Balarati Bigha, P.s. Dehri, District Rohtas at Sasaram.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kr Singh No. 6 For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-10-2015 Heard learned counsel for the petitioner and learned counsel representing the State.
Petitioner seeks bail in connection with Dehri (Town) P.S. Case No. 329 of 2014 registered for the offences punishable under Sections 498(A), 302, 210/34 of the Indian Penal Code. Shakuntala Devi, the sister of the informant was married to petitioner and she was being tortured for nonfulfillment of demand of Rs. 3,00,000/- (three lac) as dowry and further the petitioner performed another marriage with another girl and ultimately either made his sister traceless or after killing, made the dead body disappeared. Later on the dead body was found near the canal bridge at Village Khandwa.
Patna High Court Cr.Misc. No.26439 of 2015 (3) dt.09-10-2015 2/3 Submission is of false implication and that there is no direct, indirect or circumstantial evidence against the petitioner. No one has seen committing the crime. The case is based on suspicion only. The deceased was of weak mind and she used to go anywhere without informing anybody. The petitioner is suffering in custody since 22.11.2014, having no specific allegation. During trial four witnesses including the informant have been examined and they have not supported the prosecution case.
Learned A.P.P. opposes the prayer of bail.
In the facts and circumstances stated above, considering the detention of the petitioner and further as submitted that informant has not supported the case during trial, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Dehri, Rohtas arising out of Dehri Nagar P.S. Case No. 329 of 2014 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on
Patna High Court Cr.Misc. No.26439 of 2015 (3) dt.09-10-2015 3/3 his part without any reason shall disentitle the petitioner from privilege of bail.
Before releasing the petitioner on bail, the trial Judge will verify as to whether, the informant has supported the prosecution case or not, if it is found that the informant has supported the prosecution case then, the bail granted to the petitioner shall deemed to be cancelled.
(Jitendra Mohan Sharma, J) sushma/- U