Shailesh Kumar @ Salesh Kumar vs The State Of Bihar
2021 Latest Caselaw 463 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.79141 of 2019
   Arising Out of PS. Case No.-134 Year-2018 Thana- PARASBIGHA District- Jehanabad
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Shailesh Kumar @ Salesh Kumar (Male), aged about 38 years, S/o Umesh Prasad, R/o village- Ranju Bigha, P.S.- Parsa Bigha, District- Jehanabad

... ... Petitioner/s Versus The State Of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s     :       Mr. Shashi Bhushan Kumar, Advocate
For the State            :       Mr. Ashok Kumar Singh, APP
For the Informant        :       Mr. Upendra Kumar Singh, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-01-2021

Heard Mr. Shashi Bhushan Kumar, learned counsel for

the petitioner; Mr. Ashok Kumar Singh, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State and Mr. Upendra Kumar Singh, learned counsel for the

informant.

2. The petitioner apprehends arrest in connection with

Paras Bigha PS Case No. 134 of 2018 dated 03.08.2018,

instituted under Sections 304B/201/34 of the Indian Penal Code.

3. The allegation against the petitioner is of killing his

wife.

4. Learned counsel for the petitioner submitted that the

father of the deceased has filed the FIR and has made a general

statement that his daughter has gone missing with the Patna High Court CR. MISC. No.79141 of 2019 dt.29-01-2021

apprehension that she was killed and, thus, it cannot be said that

she has been killed and Section 304B of the Indian Penal Code

has been wrongly invoked. Learned counsel submitted that the

petitioner is working in the Army and was posted in Jammu and

Kashmir at the relevant time. It was further submitted that

independent witnesses have stated that the girl had gone to her

maternal house along with her son and the son has also given

statement before the police that his mother had left him with her

aunt and had gone to meet her father i.e., the informant and after

that when she did not return the aunt of the girl had taken the

boy to the school where the father of the petitioner was working

and the boy is now living with him. Learned counsel submitted

that there is no motive for killing the wife by the petitioner as

there is also a son and there has been no complaint against him

by the wife except for a complaint case under Section 498A of

the Indian Penal Code of the year 2011 which was compromised

outside the Court and thereafter the couple was living

peacefully. Learned counsel submitted that the informant

himself is alleged of killing his first wife and son from the first

wife and in the present case also there are strong indications that

he might be the person who has done something to his daughter.

Learned counsel submitted that even with regard to the Patna High Court CR. MISC. No.79141 of 2019 dt.29-01-2021

identification of a body found by the police under Sugauli PS as

that of the victim, the same could not have been that of his

daughter as she was aged about 30 years and the post-mortem

report discloses that the body was that of a 20 years old woman.

It was further submitted that the petitioner has no criminal

antecedent.

5. Learned APP, from the case diary, submitted that

witnesses have stated with regard to the role of the petitioner in

disappearance of the daughter of the informant. However, he did

not controvert that independent witnesses have stated that the

girl had gone to her father's place. Further, he admitted that the

son of the petitioner had given statement that his mother had left

him with her aunt and had gone to meet her father and when she

did not return the aunt had brought him to the school where the

father of the petitioner was working.

6. Learned counsel for the informant submitted that he

had given a sanha to the local police station about his daughter

missing but nothing happened and after lodging of the FIR he

was informed that the body was found under Sugauli PS and he

has identified it to be of his daughter. It was submitted that

because of the past history of demand of dowry, there are strong

chances that the petitioner was involved in the crime.

Patna High Court CR. MISC. No.79141 of 2019 dt.29-01-2021

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the learned Chief Judicial Magistrate, Jehanabad in Paras Bigha

PS Case No. 134 of 2018, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further, that one of the bailors shall be a close relative of the

petitioner. The petitioner shall cooperate with the

police/investigation and the Court. Failure to do so, shall lead to

cancellation of his bail bonds.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T