Ram Ratan Kumar @ Ram Ratan Chauhan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61763 of 2017 Arising Out of PS. Case No.-126 Year-2017 Thana- NARDIGANJ District- Nawada ======================================================
1. Ram Ratan Kumar @ Ram Ratan Chauhan, S/o Late Baijnath Chauhan,
2. Mahajani Devi W/o Late Baijnath Chauhan, Both R/o VillagePesh, P.S.- Nardiganj, District- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Kumar For the Opposite Party/s :
Mr. SRI NAND KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-12-2017 Heard learned counsel for the parties.
The petitioners are apprehending arrest in a case registered for the offences punishable under sections 306/34 of the IPC.
The prosecution case as per the Complaint Case No. 1461 of 2014 which ultimately got registered as Nardiganj P.S. Case No. 126 of 2017 on 1.9.2017 on the complaint being transferred under section 156(3) of the Cr.P.C. is to the effect that the son of the informant was married with Sabo Devi six years ago and a partition took place among all the brothers of the husband of Sabo. Sabo was living separately with her husband when brother and mother of
Patna High Court Cr.Misc. No.61763 of 2017(2) dt.21-12-2017 2/3 Sabo, namely, petitioner nos. 1 and 2 took Rupees One Lac Twenty Thousand for construction of house, but when the victim demanded money from the petitioners, some altercation took place, as a result, she committed suicide after consuming pesticide.
It is submitted by learned counsel for the petitioners that the the petitioners are brother and mother of Sabo Devi who committed suicide in 2014 at her inlaw's house for which the petitioners' side lodged Nardiganj P.S. Case No. 136 of 2014 against the in-laws of the victim. Though the in-laws of the victim instituted Complaint in 2014 but it came to be registered as police case on 1.9.2017 after three years of the occurrence. The said complaint was actually filed by the accused persons, the in-laws of Sabo Devi to save their own skin from case lodged by petitioners side. Considering the delayed lodging of the case and keeping in view the fact that the case lodged for the same incident by the informant side at earlier point of time, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each
Patna High Court Cr.Misc. No.61763 of 2017(2) dt.21-12-2017 3/3 with two sureties of the like amount each to the satisfaction of the learned ACJM-VI, Nawada in connection with Nardiganj P.S. Case No.126 of 2017.
(Dinesh Kumar Singh, J) anil/- U