Asha Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11649 of 2016 Arising Out of PS.Case No. -34 Year- 2015 Thana -GHANSHYAMPUR District- DARBHANGA ======================================================

1. Asha Devi, wife of Panna Lal Jha, resident of Village- Jaideopatti, P.S.- Ghanshyampur, District- Darbhanga.

2. Nilam Devi @ Nilam, wife of Bechan Ishwar

3. Bechan Ishwar @ Bechan Paswan Son of Late Bedanand Ishwar, Both are resident of Village- Kumhraul, P.S.- Ghanshyampur, DistrictDarbhanga. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Iqbal Asif Niazi, Advocate.

For the Opposite Party : Mr. Rajeev Nayan, (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2016 Heard both sides.

The petitioners apprehend their arrest in Ghanshyampur P.S. Case No. 34 of 2015 registered for the offences punishable under Sections 328, 302 and 34 of the Indian Penal Code. The informant father of the deceased alleged that his daughter was married to Anil Jha 15 years ago and she got two children out of wedlock. Her husband died in an accident. It is further alleged that her mother-in-law, sister-in-law and brotherin-law were always torturing her and on 26.01.2015 at 09:00 p.m. in the night they assaulted her and administered poison. It is submitted that the deceased was brought to

Patna High Court Cr.Misc. No.11649 of 2016 (3) dt.23-06-2016 2/2 D.M.C.H. where she died. It is further submitted that children of the deceased also did not support the case of the prosecution and stated that her mother committed suicide after consuming poison. It appears that the informant father of the deceased made allegation that all the petitioners were torturing the deceased and the witnesses have also stated that the petitioners were torturing the deceased and on account of that she was forced to commit suicide.

Considering the facts aforesaid, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T