Sudhan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38475 of 2014 Arising Out of PS.Case No. -237 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Sudhan Rai Son of Late Bhagwan Rai resident of Village - Naya Tola, Madhopur, Back of State Bank of India, P.S. Bakhtiyarpur, District - Patna. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Kashyap For the Opposite Party/s : Mr. Indu Bala Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 01-07-2015 Heard learned counsel for the petitioner, State and the complainant.
The petitioner apprehends arrest in Complaint case no. 237C of 2012 registered for offence under sections 498A and 302 IPC on the allegation that he along with others killed complainant's daughter on 31.1.2012 and threw the dead by in the river Ganga.
The petitioner denies the allegation stating that at the time of death complainant was also present on the spot. Moreso, complaint case was filed on 1.5.2012 i.e. after more than five months He further states that the complainant has filed a petition dated 30.1.2014 stating that due to confusion she made allegation against the petitioner. The petitioner further states that in fact the deceased died of loose motion and vomiting for
Patna High Court Cr.Misc. No.38475 of 2014 (3) dt.01-07-2015 2/2 which she had also been treated.
Counsel for the complainant does not controvert the statement of the petitioner that at the time of death she was also present at the place of occurrence.
The bail petition is disposed of with direction to the petitioner to surrender and seek regular bail within six weeks before ACJM, Barh, Patna, which would be disposed of taking into consideration the aforesaid facts.
(Samarendra Pratap Singh, J) Shashi.
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