Ganesh Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60964 of 2019 Arising Out of PS. Case No.-200 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== 1.
Ganesh Jha, Aged about 45 years, Male, Son of Late Nandu Jha, Resident of Village - Khilwat, P.S.- Bidupur, Distt - Vaishali. 2.
Umesh Jha, Aged about 50 years, Male, Son of Late Nandu Jha, Resident of Village - Khilwat, P.S.- Bidupur, Distt - Vaishali. 3.
Adarsh Kumar Jha, aged about 19 years, Male, Son of Ganesh Jha, Resident of Village - Khilwat, P.S.- Bidupur, Distt - Vaishali. 4.
Mamta Devi, aged about 40 years, Female, Wife of Ganesh Jha, Resident of Village - Khilwat, P.S.- Bidupur, Distt - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar For the Opposite Party/s :
Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-10-2019 Heard both sides.
The petitioners apprehend their arrest in Bidupur P.S. Case No.200 of 2019, registered under Sections 304(B) and 34 of the Indian Penal Code.
The father of the deceased alleged that he married his daughter with Saurabh Kumar Jha, son of petitioner no.1 Ganesh Jha on 15.02.2019. On 27.02.2019 second marriage was performed. His daughter remained happily in her Sasural for two weeks but thereafter the accused persons started subjecting her to all sorts of torture. It is further alleged that on 16.05.2019 at about 11 in the night, the informant got information that his daughter was done to
Patna High Court CR. MISC. No.60964 of 2019(2) dt.16-10-2019 2/2 death by her husband, father-in-law, mother-in-law, brother-in-law and Umesh Jha, brother of Ganesh Jha and they were taking the dead body for disposal. The informant went there but nobody was found. Learned counsel for the petitioners submits that the petitioners are in laws of the deceased. No specific allegation of demand of dowry and torture is made against the petitioners. The deceased was ill and she died but from the contents of the FIR itself, it appears that the marriage was solemnized on 15.02.2019 and the daughter of the informant went to her in-laws' house on 27.02.2019. Within three months, the daughter of the informant was done to death and even her dead body was made traceless.
Had the daughter of the informant died of illness, there was no reason to dispose of her dead body without giving any information to the father of the deceased that too when a newly married daughter of the informant was killed within three months of her marriage by her husband and other inlaws, the petitioners. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected. (Prabhat Kumar Jha, J) S.