RAJESH BHARDWAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) 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. 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the petitioner is challenging the order dated 11th July 2011 by which the learned Sessions Judge, Bhojpur, Ara has withdrawn Sessions Trial No. 106 of 2010 from the file of learned A.D.J. I, Bhojpur, Ara and transferred the same to the file of learned A.D.J. III, Bhojpur, Ara.

(2.) This case has a chequered 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 Sections 302, 201 and 120B IPC in which the allegation was made that it was not a case of natural death, rather his daughter, Sonu Kumari aged 20 years had been killed.

(3.) 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.