Research › Search › Judgment

Jharkhand High Court · body

2023 DIGILAW 884 (JHR)

Meghulal Mahto @ Meghlal Mahto v. State of Jharkhand

2023-07-17

PRADEEP KUMAR SRIVASTAVA

body2023
ORDER : 1. Heard learned counsel for the parties. 2. Apprehending his arrest in connection with Chakradharpur P.S. Case No. 45 of 2022 instituted under Section 306 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail. 3. As per F.I.R. allegation is that there was a love affair between the petitioner and the deceased Rekha Kumari, daughter of the informant who was working in RPF at Chakradharpur. On 08.05.2022 at about 1:30 pm, the son of the informant got message that Rekha Kumari Mishra had committed suicide and her dead body was lying at mortuary. It is further alleged that one friend of the deceased namely Manisha Meena who was residing with the deceased disclosed that the deceased was cooking food and in the meantime, she received telephonic call and went into her room while talking on mobile phone and closed the door from inside. Meanwhile, Manisha Meena was cooking food and went towards room of Rekha Kumari and called her to open the door but she did not respond after which she called the neighbours and the door was broken and it was found that Rekha Kumari was hanging with ceiling fan tied with “duppata”. It is further alleged that petitioner was regularly talking with Rekha Kumari on mobile phone. The informant had also came to know that 2-3 days prior to the occurrence that the petitioner and the deceased have performed their marriage in court and the family members of the petitioner were not allowing her to enter in their house. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case and has submitted that the parents of the deceased have requested to marry with a boy of his own caste and due to this, the informant’s daughter became depressed and committed suicide. It is further submitted that the petitioner had developed love affair with the deceased since 2011 and their relationship was very cordial. The informant being a member of upper caste was not ready to solemnize marriage of his daughter to the petitioner who belongs to backward class. Thereafter, the petitioner and the deceased jointly made application for marriage under Special Marriage before the Registrar on 04.05.2022. The informant being a member of upper caste was not ready to solemnize marriage of his daughter to the petitioner who belongs to backward class. Thereafter, the petitioner and the deceased jointly made application for marriage under Special Marriage before the Registrar on 04.05.2022. When the informant came to know about this fact, he was infuriated and he threatened the deceased-daughter to severe her relationship with petitioner and also threatened her to face dire consequences. It is further submitted that the petitioner was always ready to solemnize marriage with the deceased. It is further submitted by the learned counsel for the petitioner that there is no material to show that the petitioner abated the deceased to commit suicide rather, there was natural talk with her under love and affection. It is further submitted that after conclusion of investigation charge-sheet has been submitted against the petitioner. Hence, there is no requirement of the judicial custody of the petitioner for the purpose of investigation. It is further submitted that petitioner undertakes to co-operate with the investigation of the case and will not indulge in tampering with prosecution evidence and will abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. Hence, it is submitted that the petitioner may be extended the privilege of anticipatory bail. 5. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner and has submitted that there was direct allegation against the petitioner that he has just after filing application for marriage before the Registrar under the Special Marriage Act she was put under such depressing circumstance by the petitioner and his family members and they did not allow her to enter in their house and immediately before the occurrence, petitioner has talked with the deceased for hours on mobile phone and in course of talking with the petitioner, the deceased had committed suicide. The conduct of the petitioner amounts to instigation to commit suicide by the deceased. Hence, the petitioner does not deserve the anticipatory bail. 6. Considering the facts disclosed above and the materials available on record and the sufficient materials showing the direct involvement of the petitioner in the alleged offence serious and heinous in nature and the charge-sheet has already been submitted against the petitioner, I am not inclined to extend privilege of anticipatory bail to the petitioner. 6. Considering the facts disclosed above and the materials available on record and the sufficient materials showing the direct involvement of the petitioner in the alleged offence serious and heinous in nature and the charge-sheet has already been submitted against the petitioner, I am not inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.