Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44639 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- TILAUTHU District- Rohtas ====================================================== 1.

Asha Devi W/o Birendra Paswan @ Birendra Ram, R/o Village Bhadhokhra P.S. Tilauthu District Rohtas.

2.

Birendra Paswan @ Birendra Ram S/o Late Bulakhi Paswan, R/o Village Bhadhokhra P.S. Tilauthu District Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Siddharth Harsh, Advocate.

For the Opposite Party/s :

Mr. Madan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Tilauthu P.S. Case No.104 of 2024 instituted under Sections 304B, 34 of the Indian Penal Code.

3. As per the prosecution case, the informant's daughter was subjected to torture by the accused persons including the petitioners for non fulfillment of demand of Apache motorcycle and golden chain. It has been further alleged that co-accused made telephonic call to informant and stated that her daughter had died.

Patna High Court CR. MISC. No.44639 of 2024(2) dt.07-08-2024 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He further submits that petitioner no.1 is mother-in-law and petitioner no.2 is father-in-law of the deceased. Learned counsel submits that the husband of deceased have already separated himself from the joint family and the deceased and her husband were residing separately. He further submits that petitioners have no concern with the family affairs of the deceased and her husband. Learned counsel submits that the deceased herself committed suicide by hanging herself and there is general allegation against the petitioners. He further submits that husband of deceased has already surrendered in the Court and is in jail custody. He also submits that petitioners have no criminal antecedent and they undertake to cooperate in the investigation and trial and shall not tamper with the evidence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

Patna High Court CR. MISC. No.44639 of 2024(2) dt.07-08-2024 3/3 sureties of the like amount to each to the satisfaction of the learned Judicial Magistrate, 1st Class, Dehri, District Rohtas at Sasaram in connection with Tilauthu P.S. Case No.104 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T