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2022 Supreme(Jhk) 1191

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Pradeep Kumar Srivastava, J.
Varsha Agarwal @ Varsha Chudiwala @ Barsha Agarwal and ors. - Petitioners
Versus
The State of Jharkhand - Opposite Party
A.B.A. No.4737 of 2022
Decided On : 20-10-2022

Advocates:
Advocate Appeared:
For the Petitioner:Mr. R.S. Mazumdar, Sr. Advocate
For the Opposite Party : Mr. Satish Prasad, Addl.P.P
For the Informant : Mr. Rajendra Krishna, Adv., Mr. Nagmani Tiwari, Adv.

Headnote:

Indian Penal Code,1860 – Sections 306, 384, 120-B, 34 – Criminal Procedure Code,1973 – Sections 82 – Offence of Abetment of Suicide – Criminal Conspiracy – Common intention – Anticipatory bail – Held, Petitioners have also appeared before Investigating Officer and are co-operating with investigation of the case in compliance with notice under Section 41(A) of Cr.P.C. and investigation is at initial stage and certain materials are also to be collected in further investigation for that reason alone liberty of the petitioners should not be curtailed – Court is conscious about striking balance in personal liberty of petitioners and social sentiments attached in favour of informant – Court inclined to extend privilege of anticipatory bail to petitioners – Order accordingly

ORDER :

1. Heard learned counsel for the parties.

2. Apprehending their arrest in connection with Bistupur P.S. Case No. 93 of 2022 instituted under Sections 306, 384, 120-B, 34 of the Indian Penal Code, the petitioners have moved this Court for grant of privilege of anticipatory bail.

3. FIR was lodged by one Ankit Agarwal resident of Rukmini Kunj Civil, Township, Dist-Sundargarh, Rourkela, Odisha on 05.05.2022 at Bistupur P.S., Jamshedpur stating inter alia that today at about 2:21 pm, the informant received a video clip sent by his brother Rahul Agarwal stating that he is going to commit suicide due to continuous mental torture and public defamation caused by his wife and in-laws namely Pradeep Churiwala, Barsha Agarwal(petitioner), Megha Churiwala and Piush Churiwala and concerned Investigating Officer of Sonari P.S. Case No.28 of 2022. Thereafter, the informant along with his family members came to Jahshepur and learnt that his brother has committed suicide from roof top of capital DD Bar opposite Ram Mandir, Bistupur at about 2:45 to 3:00 hours. It is further alleged that earlier on 16.02.2022, a false FIR was lodged before the Sonari P.S. vide Sonari P.S. Case No.28 of 2022 by the wife of deceased on instigation of her father, mother and brother and other family members for the offences under Sections 498-A, 323, 504 of IPC and Sections 3/4 of D.P. Act. It is further alleged that the deceased, before committing suicide, recorded a message in his mobile phone and sent to his family members and well-wishers, which is produced in the custody of Bistupur P.S. also. It is further alleged that the deceased preferred an application for getting anticipatory bail in Sonari P.S. Case No.28 of 2022 which was rejected by the court of Sessions. Thereafter, accused persons managed to issue of Non-bailable Warrant and processes under Sections 82 of Cr.P.C. within one week against the informant’s brother (since deceased) and the deceased was not permitted to visit with his children and huge amount of money Rs. 5 crore was demanded for compromise in that case. It is further alleged that immense mental and emotional torture was continuously meted out to the deceased due to which he came under deep depression and had no option left except to commit suicide which clearly shows acts of abetment to commit suicide. The deceased has left suicide note and video clipping of the occurrence.

4. Learned senior counsel for the petitioners has submitted that the petitioners are innocent and have committed no offence at all as alleged in FIR. It is further submitted that the contents of the FIR even if taken on its face value, does not disclose commission of offence under Section 306 of IPC against the petitioners and demand of Rs.5 crores as extortion for compounding the case lodged under Section 498-A of IPC by petitioners against the deceased is also a concocted story. It is further submitted that Sonari P.S. Case No.28 of 2022 was lodged in the year 2022 for the offence under Section 498-A, 323, 504 of IPC and Section 3/4 of D.P. Act, in that case, anticipatory bail application of the deceased was rejected on 12.04.2022. Thereafter process under Section 82 of Cr.P.C. was also issued, although, other family members of the deceased involved in this case were extended benefit of anticipatory bail. Anticipatory bail of petitioner was pending before the Hon’ble High Court. It is further alleged that FIR clearly demonstrates that the deceased was tortured mentally and emotionally due to filing of that case under Section 498-A of IPC by his wife and action taken by the Investigating Officer. Thus, to agitate and pursuing legitimate action through judicial process does not amount abetment within meaning of Section 107 of IPC. Petitioners are wife, mother-in-law, and sister-in-law of the deceased. Petitioner no.1 was married to the deceased in the year 2012 but her husband and in-laws were not satisfied with articles presented at the time of marriage and she w

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