Shobhakant Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87214 of 2019 Arising Out of PS. Case No.-171 Year-2018 Thana- PHULPARAS District- Madhubani ====================================================== SHOBHAKANT KAMAT Son of Late Phulchan Kamat Resident of VillageSuriahi, P.S.-Phulparas, District-Madhubani. ... ... Petitioner.

Versus

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

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

For the Petitioner :

Mr. Sanjeev Kumar Jha, Advocate.

For the State :

Mr. Ajay Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Phulparas P.S. Case No.171 of 2018 registered under Sections 302/34, 120(B) and 201 of the Indian Penal Code.

The accusation is that in the late evening of 05.08.2018, Taruna Kumari, the daughter of Devkant Kamat, of village-Suriahi, Police Station-Phulparas, District-Madhubani, was kidnapped by Pravin Kumar Kamat regarding which Phulparas P.S. Case No.169 of 2018 was instituted on the basis of the fardbeyan of Devkant Kamat. Later on, Taruna Kumari, the daughter of Devkant Kamat, and Pravin Kumar, were apprehended by the G.R.P. and they were handed over to their

Patna High Court CR. MISC. No.87214 of 2019(2) dt.20-01-2020 2/3 guardians on 07.08.2018. On 08.08.2018 at about 08.00 A.M., the informant being the Chowkidar came to know that Devkant Kamat has committed the murder of his daughter Taruna Kumari regarding which he gave information to the police. In the meantime, he met Devkant Kamat and asked him about the dead body of Taruna Kumari, then Devkant Kamat disclosed that the dead body of Taruna Kumari was carried by his villagers and relatives for funeral. In the meantime, Devkant Kamat fled away taking the advantage of darkness. On search, no trace of the dead body of Taruna Kumari was found. On seeing the flame in the west direction of the village-Suriahi, the informant reached there and saw that Devkant Kamat, Pulkit Kamat, wife of Devkant Kamat, Shobhakant Kamat (petitioner), the brother of Devkant Kamat, along with 7-8 were indulged in the funeral of Taruna Kuamri. On seeing the informant, all fled away from there.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner is the brother of Devkant Kamat, the father of the deceased Taruna Kumari, and he has falsely been implicated in this case with the allegation that he was also present at the place of funeral of Taruna Kumari. The petitioner is in custody since 27.06.2019.

Patna High Court CR. MISC. No.87214 of 2019(2) dt.20-01-2020 3/3 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.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Jhanjharpur (Madhubani), in connection with Phulparas P.S. Case No.171 of 2018.

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