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Patna High CourtCR. MISC./52399/2024bail granted

Ram Uday Rai @ Ram Uday Ray @ Ram Uday Yadav v. The State Of Bihar

2025-05-12Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52399 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- MANSURCHAK District- Begusarai ====================================================== Ram Uday Rai @ Ram Uday Ray @ Ram Uday Yadav Son of Ram Sagar Ray R/o Village- Makadampur Ward No.1, Shamsa, P.S.- Mansurchak, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate Mr. Utsav Kumar, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 12-05-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302 of the Indian Penal Code.

3. The prosecution, as unfolded in the First Information Report is that in the night of 22.02.2024, the informant discovered that her daughter had hung herself in the night and the same became known to the villagers in the following morning. The information was given by her that her daughter had died due to hanging and the deceased had disclosed to her earlier that her husband used to assault her.

4. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.52399 of 2024(6) dt.12-05-2025 2/3 the F.I.R. initially was lodged under Section 302 of the I.P.C. but however, after thorough investigation, charge sheet was submitted under Section 306 of the I.P.C. on 27.09.2024. It is submitted that the petitioner and the deceased were married for the last 28 years and have 4 children out of the wedlock, out of whom 2 daughters are already married. It is submitted that as a matter of fact, the deceased used to remain in acute depression due to financial hardships and due to worry of the marriage of her daughter.

The materials collected during the course of investigation reveal that the daughters of the deceased were also examined during the course of investigation and from their statements recorded in Paragraph 47, 54 and 55 of the case diary, it would appear that daughter Manisha Kumari was sleeping along with her mother and when she found her mother missing during the night, she went searching for her and then she found her mother hanging in a room near the cow shed. The daughters had not raised any finger of suspicion against the present petitioner, which is the father. The post-mortem report would also show that the cause of death is asphyxia due to hanging.

5. Learned APP for the State opposes the prayer for anticipatory bail application.

Patna High Court CR. MISC. No.52399 of 2024(6) dt.12-05-2025 3/3

6. Considering the above facts and circumstances and also that the petitioner has no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Mansoorchak P.S. Case No.13 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and subject to the further condition that the petitioner shall co-operate in the investigation/trial.

(Soni Shrivastava, J) sharun/- U T