Dudheshwar Mehta @ Dudhewar Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78726 of 2019 Arising Out of PS. Case No.-140 Year-2019 Thana- KUTUMBA District- Aurangabad ====================================================== 1.
Dudheshwar Mehta @ Dudhewar Mehta (M), aged about 72 years, Son of Late Mahadeo Mehta Resident of Village - Bahera Bigha, P.S.- Kutumba, District - Aurangabad 2.
Dhanmati Devi @ Dhanmati Deo (F), aged about 73 years, Wife of Dudheshwar Mehta @ Dudhewar Mehta Resident of Village - Bahera Bigha, P.S.- Kutumba, District - Aurangabad 3.
Dinesh Mehta @ Jimdar Mehta (M), aged about 35 years, Son of Dudheshwar Mehta @ Dudhewar Mehta Resident of Village - Bahera Bigha, P.S.- Kutumba, District - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh For the Opposite Party/s :
Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking bail in connection with Kutumba P.S. Case No. 140 of 2019 registered for offences under sections 304(B)/328/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.
As per prosecution case, the marriage was solemnized 2.5 years ago but, later on, the in-laws started demanding Rs. 1 lac, specially the husband of the victim. It has been alleged that on 26.9.2019, the Informant received a mobile
Patna High Court CR. MISC. No.78726 of 2019(2) dt.04-12-2019 2/3 call to give Rs. 1 lac and a golden chain and a threaten was given that in the event, the same would not be given, the victim will be killed. On the same day in the night at about 11.30 PM, the Informant received an information that his sister is seriously ill. When the Informant reached there, he found the dead body of the victim in the house.
Learned counsel for the petitioners submits that the petitioner no.1 is the father-in-law, petitioner no.2 is the motherin-law and the petitioner no.3 is the brother-in-law. The petitioner nos. 1 & 2 are old persons and the husband is in jail. He further submits that the petitioners are separate in mess & lodging from the husband of the deceased since two years. Looking to the facts and circumstances of the case, let the petitioners, above named, 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, Aurangabad in connection with Kutumba P.S. Case No. 140 of 2019, subject to the condition that (i) one of the bailors shall be a close relative of the petitioners and (ii) the petitioners would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including
Patna High Court CR. MISC. No.78726 of 2019(2) dt.04-12-2019 3/3 cancellation of bail bonds and (iv) the petitioners will report to the Kutumba police station by 7th of every month for at least six months and in case of failure without any valid rhyme or reason, the bail of the petitioners will be treated to have been canceled. (Shivaji Pandey, J) rishi/- U T