Govind Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53858 of 2021 Arising Out of PS. Case No.-272 Year-2021 Thana- SIRDALA District- Nawada ====================================================== 1.
GOVIND MEHTA S/o LATE KARAN CHOUDHARY, R/o VILLAGESHIVPUR,P.S- SIRDALLA, DISTRICT-NAWADA. 2.
DEVANTI DEVI W/o GOVIND MEHTA, R/o VILLAGE-SHIVPUR,P.SSIRDALLA, DISTRICT-NAWADA. 3.
REKHA DEVI W/o SHANKAR CHOUDHARY, R/o VILLAGESHIVPUR,P.S- SIRDALLA, DISTRICT-NAWADA. 4.
SHANTI DEVI D/o SHANKAR CHOUDHARY, R/o VILLAGESHIVPUR,P.S- SIRDALLA, DISTRICT-NAWADA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad For the Opposite Party/s :
Mr.Satyendra Narayan Singh Mr. J. N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-07-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioners as well as Mr. J. N. Thakur, the learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in connection with Sirdalla P.S. Case No. 272 of 2021 registered for offence punishable under section 304/34 of the Indian Penal Code. As per allegation, the marriage of Uganta Devi was
Patna High Court CR. MISC. No.53858 of 2021(3) dt.12-07-2022 2/3 solemnized with Kundan Choudhary 6-7 years prior to lodging of the FIR. The accused persons, as per allegation, including the petitioners subjected to cruelty the deceased for non-fulfillment of the dowry demand. On 25.06.2021, at about 7:00 A.M., the informant got an information that the accused persons committed murder of the deceased. The informant rushed to the matrimonial house of the deceased where Karishma Kumari aged about 8 years, the daughter of the deceased, apprised the informant that the petitioners and husband of the deceased had some altercation with the deceased at previous night and the accused persons committed murder of the deceased by pressing her throat.
The learned counsel for the petitioners has submitted that the husband of the deceased is under custody and the petitioner nos. 2 to 4 are ladies having no concern with the affairs of husband and wife and they have falsely been implicated in this case.
On the other hand, the learned APP has submitted that Karishma Kumari, eight years old daughter of the deceased, during her statement recorded in the case diary, has supported the entire occurrence and also mentioned complicity of the petitioners in the alleged occurrence. She has also stated that all
Patna High Court CR. MISC. No.53858 of 2021(3) dt.12-07-2022 3/3 the accused persons assaulted the deceased.
The investigation is still continuing and the daughter of the deceased has named the petitioners, as such, they do not deserve the privileges for anticipatory bail and accordingly, their prayer for anticipatory bail is rejected.
Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Mahesh/- U T