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Patna High CourtCR. MISC./4628/2024dismissed

Ram Ekbal Rai v. The State Of Bihar

2024-02-09Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4628 of 2024 Arising Out of PS. Case No.-230 Year-2023 Thana- MAJORGANJ District- Sitamarhi ====================================================== 1.

Ram Ekbal Rai Son Of Ramdev Rai Resident Of Village - Raghunathpur, P.S. - Mejorganj, District - Sitamarhi 2.

Dulari Devi Wife Of Ram Ekbal Rai Resident Of Village - Raghunathpur, P.S. - Mejorganj, District - Sitamarhi 3.

Vikesh Rai Son Of Ram Ekbal Rai Resident Of Village - Raghunathpur, P.S. - Mejorganj, District - Sitamarhi 4.

Renu Devi Wife Of Vikesh Rai Resident Of Village - Raghunathpur, P.S. - Mejorganj, District - Sitamarhi 5.

Rinku Kumari Daughter Of Ram Ekbal Rai Resident Of Village - Raghunathpur, P.S. - Mejorganj, District - Sitamarhi 6.

Rajesh Kumar @ Kanhaiya Kumar Son Of Ram Ekbal Rai Resident Of Village - Raghunathpur, P.S. - Mejorganj, District - Sitamarhi 7.

Ram Ayodhi Patel Son Of Ramdev Patel Resident Of Village - Raghunathpur, P.S. - Mejorganj, District - Sitamarhi 8.

Kashi Patel Son Of Ramdev Patel Resident Of Village - Raghunathpur, P.S. - Mejorganj, District - Sitamarhi 9.

Lalmohan Patel Son Of Ramdev Patel Resident Of Village - Raghunathpur, P.S. - Mejorganj, District - Sitamarhi ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP For the Informant :

Mr. Pushpendra Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2024 Heard Mr. Birendra Kumar, learned counsel for the petitioners, Mr. Pushpendra Kumar, learned counsel for the informant and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

Patna High Court CR. MISC. No.4628 of 2024(2) dt.09-02-2024 2/3

2. Petitioner apprehends his arrest in connection with Mejorganj P.S. Case No. 230 of 2023 dated 11.08.2023, registered for the offence punishable u/s 302, 304(B), 201, 120(B) and 34 of the IPC, pending in the court of learned Additional Chief Judicial Magistrate-I, Sitamarhi.

3. The prosecution case, in short, is that on 13.03.2023 as per Hindu rites and rituals, the marriage of the sister of the informant was solemnized with one Mukesh Rai thereafter, her in-laws and family members have demanded motorcycle and fridge as dowry to the sister of the informant but due to non-fulfillment of the same on 10.08.2023, they have killed the sister of the informant and secretly cremated her dead body.

4. It is submitted by learned counsel for the petitioner that the petitioners are quite innocent and have been falsely implicated in this case due to previous grudge. Petitioners are in-laws, family members and villagers of the deceased, the allegations levelled against the petitioners is general and omnibus in nature. Petitioners have no criminal antecedent.

5. Per contra, learned APP for the State as well as learned counsel for the informant vehemently opposed the bail petition submitted that as per the FIR, the marriage of the

Patna High Court CR. MISC. No.4628 of 2024(2) dt.09-02-2024 3/3 sister of the informant with accused Mukesh Rai was solemnized on 13.03.2023 and the date of death of the deceased is 10.08.2023 within five months of the marriage, petitioners are also involved in the alleged occurrence, the allegations levelled against the petitioners is serious in nature, hence they do not deserve anticipatory bail.

6. Considering the facts and circumstances of case, the death of the deceased within five months of the marriage, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected.

7. Accordingly, the application is dismissed. (Anjani Kumar Sharan, J) annpurna/- U T