Ram Kishore Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32228 of 2023 Arising Out of PS. Case No.-395 Year-2022 Thana- RIGA District- Sitamarhi ====================================================== Ram Kishore Rai Son of Late Shiv Narayan Rai Resident of Village Marar, PS- Riga, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Riga P.S. Case No. 395 of 2022 dated 11.09.2022, instituted for the offence punishable under Sections 302, 304B, 201, 120B/34 of the Indian Penal Code.
3. The prosecution case, in short, is that the informant married his daughter with petitioner's son on 21.08.2021. After marriage, she was subjected to cruelty for a motorcycle by her mother-in-law and father-in-law. When her husband went outside, then the petitioner, her mother-in-law Chandrakala Devi and brother-in-law(Devar) Anil Kumar along with other unknown persons strangulated her to death and without informing the informant the dead body was being disposed of by them. After
Patna High Court CR. MISC. No.32228 of 2023(2) dt.21-06-2023 2/3 getting information, the informant reached at the spot then the petitioner along with other persons fled away.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that petitioner is father-in-law of the deceased. Learned counsel for the petitioner submits that petitioner has been arrested on 11.09.2022 by the police in presence of the informant and, in fact, the daughter of the informant was suffering from ailment and she died due to ailment and in presence of the informant dead body was being disposed of, but in the meantime, the brother of the informant came and instigated to him to institute the case after first rituals of cremation and then the police instituted the present case. Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner. Lastly, it has been submitted that the petitioner is in custody since 12.09.2022 having no criminal antecedents. Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.32228 of 2023(2) dt.21-06-2023 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Sitamarhi, in Riga P.S. Case No. 395 of 2022, (Khatim Reza, J) premchand/- U