Raj Kumar Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.57475 of 2015 (3) dt.15-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57475 of 2015 Arising Out of PS.Case No. -209 Year- 2013 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Raj Kumar Rai son of Subhash Rai, Resident of village- Inarbarwa, P.S.- Ramnagar, District- West Champaran .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate. For the Opposite Party : Dashrath Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Ramnagar P.S. Case No.209/2013 registered under Section 304(B)/34 of the Indian Penal Code.

The accusation is that on 30.08.2013 the informant received information on his mobile that the daughter of Khushu Devi is seriously ill. Thereafter the informant's sons namely Narendra Kumar and Sailendra Kumar went to the sasural of their sister and found the door of the house of the sasural of their sister locked from outside. Thereafter with the help of villagers, they broke the lock of the door and entered into the house and found their sister in burnt condition. There was also a smell of kerosene oil.

Learned counsel for the petitioner submits that it would

Patna High Court Cr.Misc. No.57475 of 2015 (3) dt.15-02-2016 appear from F.I.R itself that petitioner was not at the place of occurrence rather at that time, he was at Rajasthan for his livelihood. The only allegation against the petitioner is that he used to torture the deceased on phone but in course of investigation, no call detail has been taken by the police. It is further submitted that there is no investigation in this regard. In fact the informant, who is the father of the deceased had given cash of Rs. 1 lac in the marriage of the sister of the petitioner, which was not paid and demand was being made to the petitioner and the deceased tried to commit suicide in the house but she was rushed at hospital by the uncle of the petitioner and information was also given to the brother of the deceased. The petitioner is in custody since 24.11.2015.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 209/2013. (Rajendra Kumar Mishra, J.) Amit/- U T