Asha Devi vs The State Of Bihar
2021 Latest Caselaw 3801 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.35510 of 2020
        Arising Out of PS. Case No.-342 Year-2019 Thana- KOTWA District- East Champaran
     ======================================================

1. Asha Devi, Female, aged about 59 years, wife of Shewak Singh.

2. Shewak Singh, Male, aged about 66 years, son of Dev Singh.

3. Ragani Kumari, female, aged about 20 years, daughter of Shewak Singh.

4. Munna Kumar, male, aged about 26 years, son of Shewak Singh.

All are resident of Village- Madhuaha @ Maduaha, PS- Kotwa, District- East Champaran.

5. Sangeeta Devi, female, aged about 29 years, wife of Binay Singh, Daughter of Shewak Singh, Resident of Village - Sagar - Kathariya, PO - Sagar, PS - Kotwa, District- East Champaran.

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

For the Petitioner/s : Mr. Pravin Kumar, Advocate For the State : Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Pravin Kumar, learned counsel for the

petitioners and Mr. Rajendra Prasad Nat, learned Additional

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

State.

3. The petitioners apprehend arrest in connection with

Kotwa PS Case No. 342 of 2019 dated 26.11.2019, instituted

under Sections 304B, 201 and 120B/34 of the Indian Penal

Code.

4. The allegation against the petitioners is that they Patna High Court CR. MISC. No.35510 of 2020 dt.29-07-2021

were party to the killing of the sister of the informant being

family members of the husband of the deceased.

5. Learned counsel for the petitioners submitted that

they are the relatives of the husband of the deceased and were

separate, both in lodging and mess and that it was a love

marriage between the deceased and her husband. It was

submitted that in the FIR itself, it is said that the husband of the

deceased had rung up the informant to tell him about her death

and the fact is that the family members of the deceased had

come and participated in the cremation, but later on, they have

lodged this false case. Learned counsel submitted that the

deceased was a chronic patient of epilepsy since before her

marriage. It was submitted that subsequently both the parties

have also filed compromise petition in the Court below.

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

besides the death having occurred within three years of

marriage, the petitioners are in-laws of the deceased living in the

same house and the witnesses have supported the prosecution

case that the body was cremated without any information to the

deceased's family. It was submitted that only a bald stand has

been taken by the petitioners that the husband of the deceased

had informed the family of the deceased that she had died, but Patna High Court CR. MISC. No.35510 of 2020 dt.29-07-2021

there is no explanation as to how a young girl had died

suddenly. Further, it was submitted that the marriage being a

love marriage, it is obvious that the petitioners would not have

been satisfied with the same as they had not arranged the

marriage which also raises strong circumstances with regard to

their complicity. Moreover, it was submitted that there being no

material to show that the deceased was suffering from a life

threatening disease and had died as a result thereof and further

no effort being made by the petitioners to take the deceased to

any doctor or hospital, if at all she had fallen ill, itself is a big

pointer that something wrong had been done which they had

covered up and the best way was by cremating the body without

leaving any trace of any such mark or evidence. It was

submitted that had the petitioners been innocent, the death of a

young girl without any explanation having occurred in the

matrimonial home, it was their duty to inform the police for

registering at least a case of unnatural death, which has not been

done.

7. Having considered the facts and circumstances of

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

Court finds substance in the contention of learned APP. The

sheer conduct of the petitioners, who are in-laws of the deceased Patna High Court CR. MISC. No.35510 of 2020 dt.29-07-2021

and living in the same house, coupled with the fact that the

marriage was a love marriage, indicates that the petitioners were

not satisfied with the same, and, thus, there is strong probability

that there was some foul play in the death of the deceased as it

occurred within three years of marriage and that the deceased

was a young girl. Further, it was submitted, that nothing has

come during investigation to even indicate that any effort was

made by the petitioners to get any kind of medical aid to the

victim which cannot also be lost sight of.

8. For reasons aforesaid, the Court is not inclined to

grant pre-arrest bail to the petitioners.

9. Accordingly, the petition stands dismissed.

10. Interim protection granted to the petitioners under

order dated 29.06.2021, stands vacated.

11. However, in view of submission of learned counsel

for the petitioners, it is observed that if the petitioners appear

before the Court below and pray for bail, the same shall be

considered on its own merits, in accordance with law, without

being prejudiced by the present order.

(Ahsanuddin Amanullah, J) Anjani/-

AFR/NAFR U T