Girja Devi @ Kiran Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41649 of 2023 Arising Out of PS. Case No.-177 Year-2023 Thana- AGAMKUAN District- Patna ====================================================== 1.
Girja Devi @ Kiran Devi Wife Of Vijay Saw Resident Of MohallaKumharar Mahaveer Asthan Imali Tal Ps Agamkuan Ditst Patna 2.
Vijay Saw Son Of Late Ram Abtar Saw Resident Of Mohalla- Kumharar Mahaveer Asthan Imali Tal Ps Agamkuan Ditst Patna 3.
Sandip Kumar @ Aditya Kumar Son Of Vijay Saw Resident Of MohallaKumharar Mahaveer Asthan Imali Tal Ps Agamkuan Ditst Patna 4.
Raju Saw Son Of Late Ramatar Saw Resident Of Mohalla- Kumharar Mahaveer Asthan Imali Tal Ps Agamkuan Ditst Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar, Advocate For the State :
Mr. Ram Priya Sharan Singh, A.P.P.
For the Informant :
Mr. Gauri Shankar Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2023 Heard learned counsel for the petitioners, informant and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.
3. As per prosecution case, younger son of informant informed on his mobile that elder son of the informant has committed suicide. Informant suspects that these petitioners along with other F.I.R. named accused persons have killed his son.
Patna High Court CR. MISC. No.41649 of 2023(4) dt.25-09-2023 2/3
4. Petitioner Nos. 1 and 2 are in laws of the deceased, petitioner No. 3 is brother-in-law of the deceased and petitioner No. 4 is brother of petitioner No. 2.
5. It is submitted on behalf of the petitioners that marriage of the deceased was solemnized with Sujata Devi on 04.06.2009 and thereafter both of them shifted at a rented house. Petitioners are separate in mess and property and have got no concern with the affairs of the couple. As a matter of fact, there was quarrel between the couple and a result of which the deceased committed suicide. Moreover, post-mortem report reveals that the cause of death is 'Asphyxia caused by hanging'. Lastly, it is submitted that only suspicion has been raised against these petitioners and there is no eye witness of the occurrence. Petitioners have got clean antecedent.
6. Learned counsel for the informant vehemently opposes the bail application.
7. Considering the nature of allegation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.41649 of 2023(4) dt.25-09-2023 3/3 amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Patna City in connection with Agamkuan P. S. Case No. 177 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T