Nisha Kumari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54001 of 2016 Arising Out of PS.Case No. -95 Year- 2011 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Nisha Kumari, W/o late Rajiv Ranjan @ Munna

2. Mahesh Mahto, S/o late Asharfi Mahto,

3. Santosh Kumar, S/o Mahesh Mahto,

4. Pramod Mahto, S/o late Asharfi Mahto, All resident of Village- Neura @ Noor Chhapra, P.S.- Meenapur, District- Muzaffarpur.

5. Jagarnath Mahto @ Jagarnath Mahto, son of Late Badan Mahto, Resident of Village- Fulkahan, P.S.- Kanti, District- Muzaffarpur.

6. Chandan Kumar Nirala, S/O Late Shivji Mahto, Resident of villageTarma Madhopur, P.S.- Ahiyapur, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Prasad Karn, Advocate. For the Opposite Party/s : Mr. Sri Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kurhani P.S. Case No. 95 of 2011 registered under Section 306/34 of the Indian Penal Code.

The accusation is that, on 21.02. 2011, marriage of Rajiv Ranjan @ Munna, grand son of informant, was performed with petitioner no. 1. After staying one week at Sasural, petitioner no. 1 went to her Maika but her behavior not good with her husband and family members. After some time, petitioner no. 1

came to her Sasural but her behavior was not good her desire was to live at her Maika then information was sent to her Maika, the accused persons named in the F.I.R. including petitioner nos. 2 to 6 came to the house of the informant and threatened to Raviv Ranjan, grandson of informant, saying that he does not deserve to be the husband of Nisha Kumari, petitioner no. 1 and they took petitioner no. 1 to her Maika. After some time, Rajiv Ranjan, went to his Sasural and after two to three days he returned to his house on digression. On query, Rajiv Ranjan, grandson of the informant, disclosed that his wife Nisha Kumari, petitioner no. 1 along with other family members misbehaved abused to him and told him to perform his re-marriage. While the informant had convinced her grandson but he committed suicide by consuming poison.

Learned counsel for the petitioners submits that admittedly, Rajiv Ranjan, grandson of the informant, who is said to be the husband of petitioner no. 1, has committed suicide by consuming poison at his house and at that time petitioner no.1 was not present there. It is further submitted that, in fact, the cause of death is otherwise but due to misunderstanding between the petitioner no. 1 and her husband (deceased), petitioner no. 1 and her other Maika people have falsely been implicated in this case.

case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Muzaffarpur, in connection with Kurhani P.S. Case No. 95 of 2011, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T