Patna High CourtCR. MISC./22643/2015rejected

Ram Ashish Rai v. The State Of Bihar

2015-07-08Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22643 of 2015 Arising Out of PS.Case No. -306 Year- 2014 Thana -DUMRA District- SITAMARHI ======================================================

1. Ram Ashish Rai Son of late Sahdeo Rai Resident of village Kumhara Bishunpur Tola Dewa P.S. Dumra District Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nirmal Kumar Sinha-3 For the Opposite Party/s : Mr. M.Haque (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 08-07-2015 Heard learned counsel for the petitioner as well as learned APP.

The deceased Rekha Devi who was married with Ravindra Rai son of the petitioner was staying at her sasural while Ravindra Rai was engaged at Punjab. During absence of her husband, petitioner had advanced and offered to indulge in illicit relationship with him, which was refused by the deceased and the same fact was known to the informant, whereupon he directed daughter that he will come tomorrow. During midst thereof she was murdered and her dead body was being cremated. At that very moment, informant along with others, on the information, arrived, extinguished fire and took out the dead body. It has been submitted on behalf of the petitioner that the deceased died of suicide and at that very time, petitioner was not present at the house and on account thereof as well as taking into account the status of the petitioner to be father-in-law, may be

Patna High Court Cr.Misc. No.22643 of 2015 (2) dt.08-07-2015 released on bail.

On the other hand, learned APP opposed the prayer. Forcing the deceased to allow him to indulge in sexual activity with her and on being refused, ultimately committed the aforesaid occurrence, is not found justified allowing the prayer of the petitioner.

Prayer for bail is rejected.

(Aditya Kumar Trivedi, J) ahk/- U T