Hare Ram Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85768 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- MANIGACHI District- Darbhanga ====================================================== 1.
HARE RAM PASWAN S/o Late Shobhit Paswan Resident of Mohalla/VillNehra Bhira, Tola, Rajwara, P.S.- Manigachi (Nehra O.P.), Distt- Darbhanga. 2.
Urmila Devi @ Shushila Devi W/o Hare Ram Paswan Resident of Mohalla/Vill- Nehra Bhira, Tola, Rajwara, P.S.- Manigachi (Nehra O.P.), Distt- Darbhanga.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Kedar Jha For the Opposite Party/s :
Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-06-2020 Heard learned counsel for the parties.
The petitioners, who are father -in -law and mother -in -law of the deceased, seek bail in anticipation of their arrest in connection with Manigachi (Nehra O.P.) P.S. Case No. 74/2019 dated 20.04.2019 instituted for the offences under Section 304(B)/34.
The First Information Report has been lodged by the husband of the deceased, who has alleged that his wife always fought with his parents. On one particular day, when he had gone to neighbouring village for working in the fields, he was informed by his brother that his wife has committed
Patna High Court CR. MISC. No.85768 of 2019(4) dt.16-06-2020 2/3 suicide. On this information, he came back home only to find his wife lying dead. The postmortem report evinces death by asphyxia, which could be by strangulation or by hanging.
It has been submitted on behalf of the petitioners that this is a case of suicide.
Apart from this there is no evidence with respect to any member of the family of the deceased pointed an erring finger towards the petitioners.
The petitioners are old persons, who did not get along well with their son. It is for this reason, it has been argued, that their son has made them accused in a case, when he knew it very well that his wife has committed suicide.
Considering the nature of accusation of the petitioners and taking into account their old age, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.85768 of 2019(4) dt.16-06-2020 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of learned Additinal Chief Judicial Magistrate -V, Darbhanga, in connection with Manigachi (Nehra O.P.) P.S. Case No. 74/2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure (Ashutosh Kumar, J) sunilkumar/- U T