Indu Jyoti Kumari @ Indu Jayti ... vs The State Of Bihar
2021 Latest Caselaw 3292 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA

                  CRIMINAL MISCELLANEOUS No.14163 of 2021

        Arising Out of PS. Case No.-189 Year-2020 Thana- BARBIGHA District- Sheikhpura

     ======================================================

1. Indu Jyoti Kumari @ Indu Jayti Kumari, aged approx 40 years, Female, W/o Mr. Raj Kumar Gupta.

2. Raj Kumar Gupta, aged approx 48 years, Male, S/o Late Dinesh Prasad Gupta.

Both resident of village- Chandukuam, P.S.- Barbigha, District- Sheikhpura.

... ... Petitioner/s

Versus

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

Appearance :

     For the Petitioner/s    :        Mr. Ajay Kumar Thakur, Advocate
     For the State           :        Mr. Mukeshwar Dayal, APP
     For the Informant       :        Mr. Sanjay Kumar Ghosarvey, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

ORAL JUDGMENT Date : 12-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ajay Kumar Thakur, learned counsel for

the petitioners; Mr. Mukeshwar Dayal, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State and Mr. Sanjay Kumar Ghosarvey, learned counsel for the

informant.

3. The petitioners apprehend arrest in connection with

Barbigha PS Case No. 189 of 2020 dated 07.08.2020, instituted Patna High Court CR. MISC. No.14163 of 2021 dt.12-07-2021

under Sections 306/34 of the Indian Penal Code.

4. The allegation against the petitioners is that due to

abuse, ill-behaviour and threat by them and their two sons, the

daughter of the informant, who is the deceased, had committed

suicide. The deceased was the wife of the younger brother of

petitioner no. 2.

5. Learned counsel for the petitioners submitted that

as per the FIR version itself, there was some dispute and

altercation between the petitioners and the deceased but that

would not make the petitioners responsible for what happened.

It was submitted that even if for the sake of argument, it is

accepted that there had been some dispute with regard to

keeping of a shed on the terrace, the petitioners cannot be

accused of having deliberately intended that such dispute or

altercation would force the deceased to commit suicide. Learned

counsel submitted that during investigation it has come that

there was some dispute between the deceased and her husband

also. It was submitted that the petitioners have no other criminal

antecedent. Learned counsel submitted that the petitioners had

purchased a piece of land in Barbigha town from their own

income and that was the reason to falsely implicate them for

exerting pressure to give share in the said property also. Learned Patna High Court CR. MISC. No.14163 of 2021 dt.12-07-2021

counsel submitted that though there is allegation of assault on

the deceased, but the post-mortem report does not corroborate

the same.

6. Learned APP, from the case diary, submitted that

witnesses have supported the fact that the immediate cause for

the victim to take such drastic step was the altercation/assault by

the petitioners and their two sons. It was submitted that the

petitioners by such act had pushed the victim to take the step

due to the humiliation suffered as the victim was threatened that

she would be made naked on the main chauraha. Thus, it was

submitted that such threat is enough to have a deep effect on the

psyche of a person and that has been the immediate cause for

taking her own life.

7. Learned counsel for the informant submitted that

the own brother of petitioner no. 2 has stated that there was

altercation between the parties and the petitioners and their sons

had not only abused but also assaulted the victim and thereafter

she had taken the extreme step. It was submitted that another

brother of the petitioner has also supported the prosecution

story. Learned counsel submitted that the injury on the body

found in the post-mortem does not falsify the allegation of

assault as the assault may have been simply pushing, but that Patna High Court CR. MISC. No.14163 of 2021 dt.12-07-2021

would be sufficient to have a devastating effect on the mental

condition of a person, as has happened in the present case,

leading to the victim taking her own life. It was submitted that

the statement of the husband of the victim would clarify the

position, as he has stated that when he was at his work place, he

received a call from the victim and she had stated that because

of assault by the petitioners and their sons, she was leaving him

and that he should take care of the children and the husband

immediately rushed to the place but it took about an hour for

him to come and by that time, she had already taken such

extreme step and then passed away. Thus, it was submitted that

the petitioners were the immediate cause and the role by them

being the elder brother and guardian for the deceased as her

father-in-law had died, behaving in such a manner clearly has to

be taken as enough provocation to force somebody to commit

suicide. It was submitted that the petitioners being mature

persons, cannot claim to be oblivious of the effect it would have

on a person, especially what has been alleged and supported by

the witnesses, including the full brothers of petitioner no. 2.

8. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court is not inclined to grant pre-arrest bail to the petitioners.

Patna High Court CR. MISC. No.14163 of 2021 dt.12-07-2021

9. Accordingly, the petition stands dismissed.

10. The interim protection granted to the petitioners

under order dated 14.06.2021 stands vacated.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T