Sushila Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29573 of 2014 Arising Out of PS.Case No. -24 Year- 2012 Thana -NAUHATTA District- SAHARSA ======================================================
1. Sushila Devi Wife of Baidhnath Jha
2. Baidhnath Jha Son of Late Chhedi Jha Both are Resident of Village - mohanpur, P.S.- Nawahata, District - Saharsa
3. Mhir Kumar Jha Son of Kalikant Jha Resident of Village - Chianpur, P.S.- Bangaon, District - Saharsa .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nakul Kumar Jamuar For the Opposite Party/s : Mr. Ajay Kumar No.1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 29-06-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.
Deceased, who was earlier tortured after murder of her husband for which she had drawn up a case against her in-laws, which ultimately led to acquittal and further, during the intervening period, while she was residing at her Naihar, a compromise was effected. Some lands were given whereupon she came to her Sasural where she ultimately met unfortunate death and for that the informant, her brother, has drawn up the instant case.
After going through the case diary as well as hearing
Patna High Court Cr.Misc. No.29573 of 2014 (9) dt.29-06-2015 2/2 the submissions made on behalf of the petitioners, prima facie gave an impression of suicide but when the conduct of the petitioners have been taken into consideration in consonance with the production of alleged suicide note, having in pen of deceased recorded in paragraph 10, at serial No. 6, it speaks duly laminated. The deceased was cremated on the day on which the aforesaid document was produced before the I. O. The lamination suggests that petitioners were very much conscious with regard to their defence and even at that crucial juncture, they acted accordingly. As such, considering the conduct of the petitioners, I do not find it a fit case for grant of anticipatory bail. The prayer for anticipatory bail is, accordingly, rejected. (Aditya Kumar Trivedi, J) BKS/- U T