Prince Rai @ Prince Kumar Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.34525 of 2015 (3) dt.10-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34525 of 2015 Arising Out of PS.Case No. -199 Year- 2014 Thana -GOPALGANJ CITY District- GOPALGANJ ======================================================

1. Prince Rai @ Prince Kumar Rai son of Subhash Rai, Resident of villageDubauli @ Ahirauli Dubauli, P.S.- Gopalpur, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Gopalganj (Town) P.S. Case No. 199 of 2014 registered for the offences punishable under Sections 448, 341, 323, 324, 354, 307/34 of the Indian Penal Code subsequently Section 302 IPC was added. Allegedly, the petitioner used to visit rented house of the informant and in course of his visit he wanted to establish illicit relationship with the daughter of the informant and forcibly wanted to marry with her. On 13.0.2014 at 3:00 pm Prince Kumar with two unknown boys came at her house and started pressurizing her and when the daughter of the informant made protest, the petitioner tried to assault the daughter of the informant

Patna High Court Cr.Misc. No.34525 of 2015 (3) dt.10-11-2015 by knife in the abdomen but her daughter turned behind and knife hit her hip and when informant and her father-in-law came to save, he pierced knife in the abdomen of the informant and also in the abdomen of father-in-law of the informant and thereafter, he fled away and during course of treatment the informant and her fatherin-law died. Submission is of false implication and that due to family dispute he has been implicated, there is no criminal history and he is suffering in custody since 29.05.2014 as such he deserves sympathetic consideration to which the learned APP opposes by submitting that the witnesses have supported the allegation and the petitioner has confessed his guilt also and on the basis of his confession knife used in the crime has been recovered.

In the facts and circumstances stated above and further daughter of the informant has supported the allegation in her statement recorded under Section 164 Cr.P.C and considering the allegation attributed against the petitioner serious in nature, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected.