IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39155 of 2022

Arising Out of PS. Case No.-562 Year-2021 Thana- PATLIPUTRA District- Patna

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

ABHINAV KUMAR MISHRA Son of Late Narayan Mishra R/O Village and

Post - Barauni Dyodhi, District - Begusarai 851113

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mrs. Soni Shrivastava, Advocate

Mr. Kishore Kunal, Advocate

For the Opposite Party/s :

Mr.Pranav Kumar,APP

For the Informant

:

Mr. Bipin Kumar, Advocate

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

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

5

09-02-2023

Heard Mrs. Soni Srivastava learned counsel for the

petitioner and learned APP for the State as also Mr. Bipin

Kumar, learned counsel who represents the informant.

The petitioner apprehends his arrest in connection

with Patliputra P.S. Case No. 562 of 2021 for the offence

registered under Sections 304(b) and 34 of the Indian Penal

Code.

As per the prosecution story, the mother of the

deceased, Vandana Gupta submitted a written statement before

the Patliputra Police Station alleging that:

(i) her daughter (deceased) and son-in-law (the

petitioner herein) were living in a house at Indrapuri, Patna as a

renter. Further, her son-in-law was serving in the Power Grid,

Boring Road and had abandoned her daughter under conspiracy

Patna High Court CR. MISC. No.39155 of 2022(5) dt.09-02-2023

2/7

who was living alone in the said house;

(ii) the petitioner and her mother continuously

harassed her daughter for dowry and in the process, gave

applications everywhere making false accusations against her

daughter;

(iii) on 31.10.2021, when the informant called her

daughter, as she did not picked the call. Accordingly on request,

her sister's son went to her daughter's home, found the door

locked from inside, Patliputra Police Station informed

whereafter the door was broke open, she was found hanging

from the ceiling fan.

Accordingly, the FIR was lodged.

Learned counsel for the petitioner submits that from

the FIR itself, it shows that the petitioner was not with the

deceased lady at the time of occurrence and as such, no case

under Section 304 B of the Indian Penal Code can be made out.

Further, on 16.08.2021, the petitioner had already filed

Matrimonial Case No. 942 of 2021 for judicial separation

against his wife before the Family Court, Patna with the

allegation that she used to abuse verbally and physically, audio

and video clip were also provided as evidences of the said

assault.

Patna High Court CR. MISC. No.39155 of 2022(5) dt.09-02-2023

3/7

It is further submitted by the learned counsel for the

petitioner that in 2020 also, he had sent representation before

the Patliputra Police Station as also the SSP Patna demanding

protection from his wife. The further submission is that the case

was lodged by the deceased lady against the land lord too

alleging assault by them.

Learned counsel for the petitioner tried to impress

upon the Court that the deceased lady was eccentric,

quarrelsome and litigant in nature which was already informed

to all concerned before she committed suicide.

Learned counsel for the informant, on the other hand

submitted that the deceased lady was in the habit of writing

diary and she had left a note sheet stating the real facts which

was seized by the police at the place of occurrence. As per it,

she had narrated that:

(i) the deceased lady knew the petitioner since 2002 to

2006, when they were pursuing studies in Class-10+2 together

but later she shifted to another city;

(ii) in 2014, when she saw the petitioner on Facebook,

called him and thereafter they started meeting again while she

was working in a private company;

(iii) she was transferred to Delhi, then she shared her