Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30874 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- DIDARGANJ District- Patna ====================================================== Golu Kumar S/o- Suresh Paswan @ Badri Paswan Resident of VillageKasara, Kachchidargah, P.S.-Didarganj, District-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sushil Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-08-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Didarganj P.S. Case No. 12 of 2025, registered for the offences punishable under Sections 108, 352, 351(2) and 351(3) of the BNS.
3. Based upon the written report, the prosecution alleges that the marriage of the sister of the informant was solemnized with Banty Paswan ten years ago. The couple also blessed with two sons. On 06.01.2025 at about 12:00 hours, the informant was informed that his sister had committed suicide. Subsequent thereto, the informant came to know that it is the petitioner, who used to torture the deceased which led to her suicide.
Patna High Court CR. MISC. No.30874 of 2025(3) dt.13-08-2025 2/3
4. Learned Advocate for the petitioner contended that that admittedly the marriage was solemnized ten years ago and the alleged occurrence took place on 06.01.2025, thereafter, inquest report was prepared and post-mortem was done, but at no point of time, the informant has made any complaint. But, surprisingly, after four days, when the cremation of the dead body has been done, the present FIR has been instituted on the instigation of some unscrupulous person. It is further contended that the marriage of two sisters of the informant was solemnized with two brothers of the petitioner and both of them were peacefully residing in their matrimonial home.
Since, the deceased was suffering from various disease and living in mental trauma and her treatment was going on at NMCH, Patna; on account of such depression, she committed suicide, which fact also corroborated from the post-mortem report. The informant having come to know about the real story, has also submitted an application that he does not want to proceed in the matter and compromised the case. To support the aforesaid contention, a compromise petition has also been placed on record.
5. On the other hand, learned counsel for the State opposed the pre-arrest bail application.
6. Having considered the submissions set-forth by
Patna High Court CR. MISC. No.30874 of 2025(3) dt.13-08-2025 3/3 learned Advocate for the respective parties and taking note of the delay in lodging of the FIR, coupled with the post-mortem report as well as the materials collected during the course of investigation and the compromise petition filed by the informant, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned JM-1st Class, Patna City in connection with Didarganj P.S. Case No. 12 of 2025, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) shivank/- U T