Mithlesh Kumar @ Mithlesh Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3301 of 2024 Arising Out of PS. Case No.-106 Year-2023 Thana- SHANKARPUR District- Madhepura ====================================================== 1.

MITHLESH KUMAR @ MITHLESH MEHTA SON OF JAI KUMAR MEHTA RESIDENT OF VILLAGE - HASANPURA WARD NO.5, P.S. - SHANKARPUR, DISTRICT - MADHEPURA 2.

JAI KUMAR MEHTA SON OF SIBAN MEHTA RESIDENT OF VILLAGE - HASANPURA WARD NO.5, P.S. - SHANKARPUR, DISTRICT - MADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Vishoka Nand For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-02-2024 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Shankarpur P.S. Case No. 106 of 2023, registered for the offences punishable under Section 302/34 of the Indian Penal Code.

3. As per allegation, the husband of the informant's daughter had illicit relation with his Bhabhi, for which, quarrel was started between the informant's daughter and her husband. It is further alleged that the accused persons started assaulting the informant's daughter and ultimately, she was done to death by accused persons.

Patna High Court CR. MISC. No.3301 of 2024(2) dt.07-02-2024 2/2

4. The learned counsel for the petitioners has submitted that the FIR itself shows that husband of the deceased had illicit relation with wife of petitioner No. 1 due to which, his wife committed suicide. The petitioners have falsely been implicated in the present case merely because they are the father and the brother of husband of the deceased. The husband of the deceased is in custody. It has further been submitted that even if, it is assumed to be true that wife of petitioner No. 1 had illicit relation with husband of the deceased, the petitioner is not related with commission of murder of the deceased.

5. Learned APP opposes the prayer for anticipatory bail.

6. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Shankarpur P.S. Case No. 106 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) A.K.V.//- U T