Lalan Kumar Jha @ Lal Bihari Jha And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49235 of 2014 Arising Out of PS.Case No. -72 Year- 2014 Thana -GHANSHYAMPUR District- DARBHANGA ======================================================
1. Lalan Kumar Jha @ Lal Bihari Jha Son of Late Daya Kant Jha.
2. Renu Devi Wife of Shri Lalan Kumar Jha. Both Resident of Village - Ghanshyampur, P.S. Ghanshyampur, District Darbhanga. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Sanjay Parasmani, Advocate.
For the Opposite Party : Mr. Braj Kishor Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-05-2015 Heard both sides.
The petitioners apprehend their arrest in Ghanshyampur P.S. Case No. 72 of 2014, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code. The brother of the deceased made allegation that his sister was married to Surendra Jha 20 years ago. Surendra Jha developed illicit relation with Renu Devi petitioner no. 2 and on account of this Surendra Jha, Renu Devi and Lalan Kumar Jha @ Lal Bihari Jha firstly assaulted his sister and poisoned her to death. It is submitted that the deceased has got three children. One daughter is married. But the children did not file any case. Informant is not an eye witness of the occurrence. Even during the course of investigation, none of the witnesses disclosed that the
Patna High Court Cr.Misc. No.49235 of 2014 (3) dt.20-05-2015 2/2 petitioners assaulted the deceased. The daughter of the deceased in para-12 of the case diary, disclosed that her father used to assault her mother. One day before the occurrence there was quarrelling between Renu Devi and her husband Surendra Jha. She saw the dead body of her mother. Other witnesses have also stated the same facts, but it has not come anywhere that the petitioners either assaulted the deceased or played any role in killing the deceased. Considering the facts aforesaid, the petitioners above named, in the event of their 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, are directed to be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Shri Sudhir Sinha, the learned Judicial Magistrate, Ist Class, Biraul at Benipur, Darbhanga in Ghanshyampur P.S. Case No. 72 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) KKSINHA/- U T