Patna High CourtCR. MISC./41459/2016rejected

Phulmani Devi And ANR v. The State Of Bihar

2016-12-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41459 of 2016 Arising Out of PS.Case No. -160 Year- 2015 Thana -PARWALPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Phulmani Devi wife of Sajivan Nut

2. Sajivan Nut Son of Ramashraya Both resident of Village- Pawee, P.S.- Parwalpur, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shyamal Prakash For the Opposite Party/s : Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-12-2016 Heard both sides.

The petitioners apprehend their arrest in Parwalpur P.S. case No. 160 of 2015 under Section 306 and other Sections of the Indian Penal Code.

The informant alleged that his daughter was married to Arun Nat and she got two sons and one daughter. The petitioners used to assault his daughter on account of dispute with regard to a piece of land. It is alleged that on 07.10.2015 the petitioners assaulted his daughter and on account of which she was driven to commit suicide.

The learned counsel for the petitioner submits that there is no sign of assault on the dead body of deceased in the

Patna High Court Cr.Misc. No.41459 of 2016 (3) dt.07-12-2016 2/2 inquest report. The doctor did not find any external injury and deceased died due to consumption of poison but it appears that during the course of investigation the informant and other witnesses have stated that there was dispute with regard to a piece of land and petitioners, being sister-in-law and brother-in-law of the deceased, used to assault her and that is why she was driven to commit suicide by consuming poison.

Considering the facts aforesaid and the nature of allegation made against the petitioners, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T