Puja Rai @ Puja Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76010 of 2018 Arising Out of PS. Case No.-123 Year-2018 Thana- BANIAPUR District- Saran ====================================================== Puja Rai @ Puja Ray S/o Late Ram Kishun Rai, Resident of Village- Kamta, Police Station- Baniyapur, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-01-2019 Heard both sides.

The petitioner apprehends his arrest in Baniyapur P.S. Case No.123 of 2018 registered under Sections 304(B) and 34 of the Indian Penal Code.

The father of deceased alleged that he married his daughter on 02.06.2017 with Manager Rai, the son of petitioner but immediately after marriage Manager Rai and other family members began to demand a motorcycle. The informant went there to pacify the matter and to bring his daughter but his daughter was not allowed to bring till the demand was fulfilled. On 17.05.2018 the informant got information that his daughter was hanged to death and when the informant having received such information went there, the informant found his daughter lying on the earth.

Patna High Court Cr.Misc. No.76010 of 2018(3) dt.21-01-2019 2/3 Learned counsel for the petitioner submits that the petitioner is father-in-law of the deceased. The informant has not made any allegation that the petitioner ever demanded any dowry. The deceased committed suicide after being frustrated on account of poor condition of her husband. There is nothing on record to show that the petitioner ever tortured his daughter-inlaw for fulfillment of demand of dowry. Learned A.P.P., on the other hand, submits that the petitioner has already been declared absconder. The attachment order was issued and many articles were seized but the petitioner is absconding.

It appears from perusal of the record that besides the informant, many other villagers of the petitioner disclosed that the petitioner and his son committed murder of the daughter of informant and fled away in the night itself. The deceased daughter-in-law of the petitioner is alleged to have been killed within one year of her marriage.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, the court below shall consider the regular bail of the petitioner on

Patna High Court Cr.Misc. No.76010 of 2018(3) dt.21-01-2019 3/3 its own merit without being prejudiced from the order of this Court.

(Prabhat Kumar Jha, J) Harish/- U