Pramod Rishi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20980 of 2015 Arising Out of PS.Case No. -646 Year- 2014 Thana -K. NAGAR District- PURNIA ======================================================

1. Pramod Rishi Son of Khurchan Rishi

2. Khurchan Rishi Son of Kangali Rishi Both are resident of village - Kajra Mushari Tola, P.S. K. Nagar, District - Purnea .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bhola Prasad, Adv. Mr. Mukesh Kumar Jha, Adv.

For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-08-2015 Heard both sides.

The petitioners, Pramod Rishi and Khurchan Rishi seek bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code. Pramod Rishi solemnized love marriage with the deceased five days before the occurrence. The deceased was earlier married to someone else. It is alleged that deceased was poisoned to death by her husband and her in laws. Sri Bhola Prasad, learned counsel for the

Patna High Court Cr.Misc. No.20980 of 2015 (3) dt.24-08-2015 2/3 petitioner submits that there is no eye witness of the occurrence. Even the post mortem report shows no sign of external injury but the viscera is kept reserved and the same sent to Forensic Science Laboratory, Bihar, Patna. The dead body was found on the Darbaza of the informant and not in the house of the petitioners but it appears that the informant has made very specific allegation that on account of love affairs the petitioner no. 1 solemnized marriage with the deceased just five days before the occurrence and took the deceased to his house and after poisoning the deceased petitioners threw the dead body on the Darbaza of the informant.

Considering the fact that there is specific allegation against petitioner no. 1, I am not inclined to enlarge the petitioner no. 1, namely, Pramod Rishi on bail and accordingly, the same is rejected.

So far as the case of petitioner no. 2, namely, Khurchan Rishi is concerned, he is the father in law of the deceased and no specific allegation is made against him, the petitioner no. 2, namely, Khurchan Rishi, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.20980 of 2015 (3) dt.24-08-2015 3/3 satisfaction of learned Judicial Magistrate, 1st Class, Purnea in K. Nagar P.S. Case No. 646 of 2014.

(Prabhat Kumar Jha, J) SHAHZAD/- U T