Guddi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35606 of 2023 Arising Out of PS. Case No.-330 Year-2023 Thana- NAWADA District- Nawada ====================================================== 1.
GUDDI DEVI W/O PRAMOD PANDIT R/O Mohalla- Gaurapar, Warisaliganj, P.S- Warisaliganj, Distt.- Nawada. 2.
Pramod Pandit S/O Yaddu Pandit R/O Mohalla- Gaurapar, Warisaliganj, P.SWarisaliganj, Distt.- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Devendra Prasad Singh, Advocate Mr. Bijendra Kumar, Advocate.
For the Opposite Party/s:
Mr. Sanjay Kumar Tiwary, A.P.P.
For the informant :
Mr. Rajesh Kumar Sinha, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-07-2023 Heard Mr. Devendra Prasad Singh, learned counsel for the petitioners, Mr. Sanjay Kumar Tiwary, learned Additional Public Prosecutor appearing for the State and Mr. Rajesh Kumar Sinha, learned counsel for the informant.
2. Petitioners apprehend their arrest in connection with Nawada Town (Bundelkhand) P.S. Case No. 330 of 2023 dated 22.02.2023 registered for the offence punishable under Section 306/34 of the Indian Penal Code.
3. As per the prosecution case, the daughter of the petitioners was married to son of the informant. The daughter of the petitioners was in love and illicit relationship with coaccused Biru Kumar. It has been alleged that when the
Patna High Court CR. MISC. No.35606 of 2023(2) dt.21-07-2023 2/3 informant, his wife and his son had gone to lodge a complaint before the petitioners about the conduct of their daughter, the petitioners abused them and given threat, due to which, the son of the informant has committed suicide in his house.
4. Learned counsel for the petitioners submits that petitioners have not committed any offence in the manner alleged and on the basis of allegation made in the First Information Report it cannot be said that the petitioners had provoked the son of the informant for committing suicide. He next submits that it is admitted in the First Information Report that the suicide has been committed by the informant's son in his house due to some family dispute between husband, wife and one Biru Kumar.
5. On the other hand, learned counsel for the informant opposed the prayer for anticipatory bail and submits that the petitioners have provoked the informant's son, due to which, he committed suicide.
6. Regards being had to the submission made by the parties and taking into consideration the nature of allegation and the fact that the son of the informant has committed suicide at his home, I am inclined to grant anticipatory bail to the petitioners.
Patna High Court CR. MISC. No.35606 of 2023(2) dt.21-07-2023 3/3
7. Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioners, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Nawada Town (Bundelkhand) P.S. Case No. 330 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) S.Ali/- U T