Arun Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30713 of 2015 Arising Out of PS.Case No. -294 Year- 2014 Thana -GAURICHAK District- PATNA ======================================================
1. Arun Paswan Son of Lala Paswan
2. Lala Paswan Son of Late Taran Paswan
3. Kari Devi Daughter of Lala Paswan All resident of village - Kandap, P.S. Gaurichak, District - Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Mr. Abhay Kumar 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-10-2015 Heard both sides.
The petitioners apprehend their arrest in Gaurichak P.S. Case No. 294/2014, registered for the offences punishable under Section 306 and 34 of the Indian Penal Code.
It is submitted that petitioner no. 2 Lala Paswan has already been arrested. Accordingly, the anticipatory bail petition of petitioner no. 2 Lala Paswan is dismissed as has become infructous.
The brother of the deceased alleged that he got information that his sister committed suicide after being fed up with the behaviour of her husband and her in-laws. The learned counsel for the petitioner submits that
Patna High Court Cr.Misc. No.30713 of 2015 (3) dt.07-10-2015 2/3 petitioner no. 1 is the husband and petitioner no. 3, Kari Devi is the married sister-in-law of the deceased. The victim was married with petitioner no. 1, but she was not liking her husband only because petitioner no. 1 is labour and her parents rich. The wife was not habituated to live in village that is why she closed the door from inside and committed suicide.
It is submitted that during the course of investigation the witnesses have stated same facts. The informant has not made any specific allegation against Kari Devi, petitioner no. 3 who happens to be the married sister of the husband of deceased. Considering the facts aforesaid, the petitioner no. 3, in the event of her 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, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Patna City in connection with Gaurichak P.S. Case No. 294/2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
So far as, the case of petitioner no. 1 Arun Paswan is concerned he is the husband of the deceased and the informant has made very specific allegation that he was torturing his wife and on
Patna High Court Cr.Misc. No.30713 of 2015 (3) dt.07-10-2015 3/3 being frustrated with the treatment given to her, his sister committed suicide, considering the facts, I am not inclined to enlarge petitioner no. 1 Arun Paswan on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.) Vinita/- U T