Ashok Sada @ Dhepuwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2309 of 2016 Arising Out of PS.Case No. -161 Year- 2015 Thana -PALASI District- ARRARIA ====================================================== Ashok Sada @ Dhepuwa, son of Chaitu Sadar Resident of village - Chhatra Bari, P.S. - Palasi, Dist - Araria.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ramesh Kumar Singh For the Opposite Party : Mr. Ramesh Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-03-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Palasi P.S. Case No. 161 of 2015, registered under Section 304(B)/34 of the Indian Penal Code.

The allegation of informant Sita Ram Sada is that he performed marriage of his daughter Sumitra Devi with this petitioner before six years, but she was being tortured for nonfulfillment of demand of shebuffalo and motorcycle and she was killed by pressing her neck. When the informant received information about the death of his daughter, then he went to the matrimonial home of his daughter and found dead body his daughter Sumitra Devi.

Learned counsel appearing on behalf of the

Patna High Court Cr.Misc. No.2309 of 2016 (3) dt.11-03-2016 2/2 petitioner submits that, in fact, Sumitra Devi, wife of the petitioner was short tempered woman and she always put pressure on petitioner to live at her 'Myka', but the petitioner was not ready to do so, due to that reason, she herself committed suicide locked her in the room by hanging and information regarding suicidal death of Sumitra Devi was also given to the informant and he also came at the house of the petitioner, but due to ulterior motive, the informant lodged the present case. Further submission is that it would appear from the Post-mortem report that the cause of death is not asphyxia due to pressing the neck rather the cause of death is due to asphyxia as a result of hanging. The petitioner is in custody since 17.08.2015.

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 3rd Additional Sessions Judge, Araria in connection with Palasi P.S. Case No. 161 of 2015.