Arjun Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69124 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- KUTUMBA District- Aurangabad ====================================================== ARJUN MEHTA Son of Late Rampati Mehta Resident of Village - Ganjpar, P.S.- Obra, District- Aurangabad ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

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

For the Petitioner :

Mr. Binod Kumar Pandey, Advocate.

For the State :

Mr. Raj Ballabh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Kutumba P.S. Case No.94 of 2019 registered under Sections 302 and 201/34 of the Indian Penal Code.

The accusation is that on receiving the dead body of a female, the present case was lodged against unknown on the basis of the fardbeyan of Chowkidar Ravindra Dusadh. Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. In course of investigation, on 12.07.2019, i.e., after 22 days of the occurrence, which had taken place on 20.06.2019, the statement of Raj Mohan Kumar, who happens to be the brother-in-law of

Patna High Court CR. MISC. No.69124 of 2019(4) dt.27-02-2020 2/3 the petitioner, was recorded by the police, who disclosed that in the night of 19/20.06.2019, the petitioner along with his brother and Gotiya came to his house and took her Bhagini Punam Kumari, who used to reside at his house after the death of her mother, the first wife of the petitioner, because the petitioner had performed the second marriage and after committing her murder, they threw her dead body. Except suspicion, raised against the petitioner, nothing has come against the petitioner, in course of investigation, to show his involvement in the present case.

In fact, after the death of the first wife of the petitioner, his daughter was taken by Raj Mohan Kumar, who is the brother of the first wife of the petitioner, at his house, and due to illicit relation of the daughter of the petitioner, she was killed at her maternal house but with an ulterior motive, the petitioner has falsely been implicated in this case. The petitioner is in custody since 14.07.2019 and, on investigation, the police has already submitted the charge-sheet against the petitioner. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.69124 of 2019(4) dt.27-02-2020 3/3 connection with Kutumba P.S. Case No.94 of 2019. (Rajendra Kumar Mishra, J) P.S./- U T