Jatasankar Jha @ Jata Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67581 of 2018 Arising Out of PS. Case No.-190 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== Jatashankar Jha @ Jata Shankar, Son of late Raja Jha, Resident of Village Kushothar, P.S. Bahadurpur (Fekla O.P.), District- Darbhanga. ... ... Petitioner

Versus

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

For the Petitioner :

M/S. Ajay Kumar Thakur, Udbhav, Arya Achint and Malay Kumar Choudhary, Advocates.

For the Opposite Party :

Mr. Manish Kumar 2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 302/34 of the IPC. The prosecution story, in brief, is that the marriage of informant's sister Kanchan Devi was solemnized with coaccused Lalit Jha on 27.04.2009. The informant was a regular visitor to the Sasural of Kanchan Devi in order to see her. He was informed on 09.05.2018 by his nephew Vikram Jha that his sister has been assaulted by her in-laws and they have threatened to kill her by putting her on fire. He met Kanchan Devi and enquired about the matter. Thereafter, he went to the Sasural of his sister and made request to perform Bidagri and he

Patna High Court Cr.Misc. No.67581 of 2018(3) dt.15-01-2019 2/3 called accused Lalit Jha upon which petitioner father-in-law Jatashankar Jha and mother-in-law of his sister refused to perform Bidagri. On 11.05.18 at about 7.45 P.M., the informant received information that the accused persons including the petitioner killed his sister Kanchan Devi by putting her on fire and the husband of his sister, accused Lalit Jha also communicated about the occurrence over mobile phone. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The petitioner is the father-in-law of the deceased.

In course of investigation, witnesses in paragraph nos. 56 and 57 of the case diary have stated that the deceased had committed suicide due to petty quarrel which has taken place in the family. No offence under Section 302 of the IPC is made out. The alleged occurrence is said to have taken place after nine years of marriage. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.

Patna High Court Cr.Misc. No.67581 of 2018(3) dt.15-01-2019 3/3 before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Darbhanga, in connection with Bahadurpur (Fekla O.P. ) P.S. Case No. 190/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T