Petitioner alleged torture and assault to the deceased led to him committing suicide. The Court in the light of all facts and circumstances denied the bail to the petitioner as she was the sole in charge of the house and had 2 other children as well who were her own children which means that the allegations were believable. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Gunjan Devi v. The State of Bihar[Criminal Miscellaneous No.25919 of 2021].
The facts of the case were that the petitioner was apprehended arrest in connection with Case, instituted under Sections 306/34 of the Indian Penal Code. It was alleged that the petitioner was the stepmother of the deceased and she along with the deceased father used to torture and assault the informant and his deceased brother which led to him committing suicide.
The Learned Counsel for the Petitioner contended that the petitioner is a young lady and had married the informant’s father 18 years back and had no role in the suicide of the deceased. It was submitted that the informant, deceased, and another brother had not accepted the petitioner. Learned senior counsel submitted that in fact, it was the deceased and his two brothers, including the informant, who used to torture her for which she has filed Informatory Petition a few years back. In the informatory petition, it was mentioned that they may kill her as well. It was submitted that there is no allegation of any abetment of suicide against the petitioner.
The Additional Public Prosecutor summed up and submitted that it was very obvious that the father has married the lady because of his own choice despite the huge age difference between both of them. It was also obvious that the second wife after the birth of her own children doesn’t treat the children of the first wife with the same care and love thus the allegations are deemed to be real and obvious as well as believable. It was further submitted that in the informatory petition itself it has been stated that the husband of the petitioner used to work outside and it was the petitioner who was responsible for maintaining the house.
It was submitted that this further makes it clear that she was in charge of the house. It was contended that the deceased had no other reason for taking his own life apart from being treated badly by the petitioner especially keeping in mind that the father used to stay outside the home and the petitioner was the sole in charge of the house and children.
The Hon’ble High Court of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court finds that the allegations made cannot be said to be false, unfounded or unbelievable. Rather, in the present scenario and the facts and circumstances which have been placed before the Court, the allegations appear to be natural and cannot be brushed aside, especially at this stage.” The court hence denied the pre-arrest bail and the petition was dismissed
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Judgment Reviewed By Nimisha Dublish
