Kunal Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56834 of 2022 Arising Out of PS. Case No.-56 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

KUNAL KUMAR JAISWAL SON OF MANOJ JAISWAL R/O VILLAGEAMAWA, P.S.- GHORASAHAN (JHAROKHAR), DISTT.- EAST CHAMPARAN 2.

MANOJ JAISWAL SON OF LATE MATHURA PRASAD @ METHUR CHAUDHARY R/O VILLAGE- AMAWA, P.S.- GHORASAHAN (JHAROKHAR), DISTT.- EAST CHAMPARAN 3.

GIRJA DEVI WIFE OF MANOJ JAISWAL R/O VILLAGE- AMAWA, P.S.- GHORASAHAN (JHAROKHAR), DISTT.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s:

Mr.Uma Shankar Prasad Singh,APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in a case registered for offence punishable u/s 304B/34 of IPC.

Allegedly, the marriage of informant's sister was solemnized with co-accused Saroj Kumar Jaiswal. After the marriage, all the FIR named accused persons including these petitioners started demanding motorcycle, refrigerator and money and due to non-fulfillment of the above-named, accused persons started committing cruelty and torture. Later on, accused persons have

Patna High Court CR. MISC. No.56834 of 2022(2) dt.02-01-2023 2/3 committed murder of his sister.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. There is general and omnibus allegation against the petitioners that he along with his family members used to demand dowry and due to non-fulfillment of said demand killed the daughter of informant. Petitioner no.1 is brother in law, petitioner no.2 is father in law and petitioner no.3 is mother in law of the deceased. It is further submitted that the victim died by committing suicide due to hot talk with her husband on account of family feud. The doctor, who conducted the post mortem has opined the cause of death as asphyxia due to hanging.

The husband of the deceased is in custody since 05.02.2022. Petitioner nos. 1 & 3 have no criminal antecedent whereas petitioner no. 2 has two criminal antecedents. Learned APP for the State opposed the prayer for bail.

Patna High Court CR. MISC. No.56834 of 2022(2) dt.02-01-2023 3/3 low within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Ghorasahan (Jharokhar) P.S. Case No.56 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T