Satendra Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21024 of 2017 Arising Out of PS.Case No. -128 Year- 2016 Thana -FATEHPUR District- GAYA ====================================================== Satendra Mistry, Son of Ramjiwan Sharma @ Ram Jiwan Mistry, Resident of Village- Meyary Tola, Drabchak, P.S. Fatehpur, District- Gaya. .... .... Petitioner.

Versus

The State of Bihar.

.... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr.

For the State : Mr.

For the Informant : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 23-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioner seeks bail in connection with Sessions Trial No.192 of 2016, arising out of Fatehpur P.S. Case No.128 of 2016, registered under Sections 363/34 and, later on, added Sections 302, 201 and 120(B)/34 of the Indian Penal Code, pending in the court of the Additional Sessions Judge-VII, Gaya.

The accusation is that Manorma Devi and Arti Kumari, the second wife and daughter respectively of the informant, were missing since 12.05.2016 from the house. While the informant searched them but no trace of them was found. In course of search, the informant came to know that his first wife, namely, Kanak Devi, his son, namely, Satendra Mistry (petitioner) and daughter, namely, Rajni Kumari, had

Patna High Court Cr.Misc. No.21024 of 2017 (3) dt.23-06-2017 2/2 concealed his second wife, namely, Manorma Devi, and daughter, namely, Arti Kumari.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the son of the first wife of the informant and due to that reason, the petitioner alongwith his mother and sister has falsely been implicated in this case. The petitioner having no criminal antecedent is in custody since 19.08.2016. On the other hand, learned counsel for the informant and the learned A.P.P. for the State opposed the prayer for bail of the petitioner with the submission that in course of investigation, the dead body of Manorma Devi, the second wife of the informant, was recovered from the house, which was being used by this petitioner, and the dead body of Arti Kumari, the daughter of the informant, was recovered from a well, two kilometers away from the said house. Having regard to the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected.

(Rajendra Kumar Mishra, J) P.S./- U T