Suresh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74957 of 2019 Arising Out of PS. Case No.-176 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== 1.

Suresh Bhagat, Male, age about 68 years, Son of Late Ram Pratap Bhagat Resident of Village - Basantpur, P.S. - Jandaha, District - Vaishali. 2.

Kesh Ranjan Devi, Female, age about 62 years, Wife of Suresh Bhagat Resident of Village - Basantpur, P.S. - Jandaha, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-03-2020 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are father-in-law and mother-in-law who are apprehending their arrest in connection with Jandaha P.S. Case No. 176 of 2019 registered for offences under sections 304(B)/34 of the Indian Penal Code.

As per prosecution case, the marriage of the deceased girl was solemnized with one Munna Kumar on 29.11.2017 but, after a short span of time, the victim girl was found to have committed suicide.

As per statement made in the F.I.R., at the time of marriage, sufficient amount of jewelry and money was given

Patna High Court CR. MISC. No.74957 of 2019(3) dt.16-03-2020 2/3 but, on account of perpetration of torture, she committed suicide and, in the F.I.R., it has been stated that the parents of the husband were torturing the deceased girl by way of demanding rupees nine lakh from her parents and were coercing her to go to her Naihar for the same but, she refused to do so. Ultimately, she killed herself by hanging.

Learned counsel for the petitioners submits that it is not a case of suicide which is apparently clear from paragraph nos. 17 & 62 of the case diary reflecting that she has committed suicide in the closed room and she was dropped down after breaking the door.

Learned counsel for the Informant submits that there is a demand of dowry and already the process of Section 82 Cr.P.C. has been initiated against the petitioners but, looking to the fact that the husband is already in judicial custody as also considering the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Jandaha P.S.

Patna High Court CR. MISC. No.74957 of 2019(3) dt.16-03-2020 3/3 Case No. 176 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled. (Shivaji Pandey, J) rishi/- U T