Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37547 of 2011 ====================================================== 1. Rajesh Bhardwaj, S/O Late Shri Ganesh Prasad Singh R/O 13/2 Anandpuri, Patna, Distt. Patna .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.41422 of 2011 ====================================================== 1. Rajesh Bhardwaj S/O Late Shri Ganesh Prasad Singh Resident Of- 13/2 Anandpuri, P.S.- Shrikrishnapuri, Patna, District- Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. Virendra Prasad Singh S/O Late Bijali Pd. Singh Resident Of F-138, P.C. Colony, Kankarbagh, P.S.- Kankarbagh, District- Patna .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.41423 of 2011 ====================================================== 1. Rajesh Bhardwaj S/O Late Shri Ganesh Prasad Singh Resident Of- 13/2 Anandpuri, P.S.- Shrikrishnapuri, Patna, District- Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. Virendra Prasad Singh S/O Late Bijali Pd. Singh Resident Of F-138, P.C. Colony, Kankarbagh, P.S.- Kankarbagh, District- Patna .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.41444 of 2011 ====================================================== 1. Rajesh Bhardwaj S/O Late Shri Ganesh Prasad Singh Residnet Of- 13/2 Anandpuri, P.S.- Shrikrishnapuri, Patna, District- Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. Virendra Prasad Singh S/O Late Bijali Pd. Singh Residnent Of F-138, P.C. Colony, Kankarbagh, P.S.- Kankarbagh, District- Patna Patna High Court Cr.Misc. No.37547 of 2011 (4) 2/29 .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.37547 of 2011) For the Petitioner : Mr. Y.V.Giri, Sr.Adv. Mr.Mithilesh Kumar, Singh, Adv. Mr.Sanjeev Kumar, Adv. For the State : Mr.Binod Kumar No.3, A.P.P. For the Opposite Party/s : Mr. N.A.Shamsi, Adv. Mr.Rashid Rais, Adv. Mr.Ram Kishun Prasad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 4 27-03-2012 Since all the petitions arise out of the same case, they have been heard together and are being disposed of by this common order at the admission stage itself. 2.In this case, the petitioner is challenging the order dated 11th July 2011 by which the learned Sessions Judge, Bhojpur, Ara has withdrawn Sessions Trial No.106 of 2010 from the file of learned A.D.J.I, Bhojpur, Ara and transferred the same to the file of learned A.D.J.III, Bhojpur, Ara. 3.This case has a checkered history, as the case is arising out of U.D.Case No. 42 of 2007 which was registered as the dead body of the victim girl, namely, Sonu was found lying near the Railway track at Karisath Railway Station and later on, on the basis of complaint made by Birendra Prasad Singh, father of deceased Sonu Kumari, a properly constituted Police Case, vide G.R.P.,Ara P.S.Case No. 73 of 2007 dated 6th December 2007 was registered for the offences under [STATUTE] in which the allegation was made that it was not a case of natural death, rather Patna High Court Cr.Misc. No.37547 of 2011 (4) 3/29 his daughter, Sonu Kumari aged 20 years had been killed. 4. According to the FIR, it has been alleged that the daughter of the informant had affair with one Rajesh Bharadwaj (petitioner of this case) and they used to talk regularly for hours on phone and mobile. In the night of 30th November 2007 at 10:00 P.M., aforesaid Rajesh Bharadwaj took the informant‟s daughter Sonu on his motor-cycle from his (informant‟s) Patna residence situated in Mohalla Kankerbagh which was also witnessed by his domestic servants, namely, Baiju and Dharmendra. In course of enquiry, the informant learnt from his brother in-law Dr. Sanjiv that Sonu had given a call to her Mausi, Dr. Anita at 12:30 A.M. in the night between 30th November 2007/1st December 2007 to inform her that she was going out with Rajesh and would return after the marriage. On 1st December 2007 at 7:00 A.M., the G.R.P.,Ara informed the informant that the dead body of his daughter Sonu was lying on the Railway track. On the basis of the aforesaid statement, G.R.P., Ara P.S. Case No. 73 of 2007 was instituted. 5. In the FIR, the petitioner was made an accused along with others. It appears from the record that as the petitioner did not surrender, non-bailable warrant of arrest was issued against him and later on processes under Sections 82 & 83 of the Code of Criminal Procedure (hereinafter, in short, referred to as the „Code‟) were issued. Later on, an application for anticipatory bail vide A.B.P.No. 53 of 2008 was filed in the court of Sessions Judge, Bhojpur, Ara which was rejected. The matter traveled to this Court in Cr. Misc.No. 15842 of 2008 and the same was rejected. The petitioner Patna High Court Cr.Misc. No.37547 of 2011 (4) 4/29 thereafter moved anticipatory bail application before the Hon‟ble Supreme Court and the same was also rejected. As the father of the petitioner had fallen ill, looking to the facts of the case, petitioner was granted anticipatory bail provisionally for a period of eight months. While the petitioner was on provisional bail, the informant filed an application before the Hon‟ble Supreme Court, vide SLP(Crl.) No. 1529 of 2010 for cancellation of his bail. When the case could be taken up before the Hon‟ble Supreme Court, petitioner surrendered which rendered the said petition before the Hon‟ble Supreme Court infructuous. 6. The mother of petitioner filed a criminal writ before this Court, vide Cr.W.J.C.No. 394 of 2009 for transferring the investigation from Police to any other investigating agency, which was disposed of by order dated 5th April 2010 against which the informant went to the Supreme C

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.