Rakesh Ray @ Rakesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68628 of 2024 Arising Out of PS. Case No.-125 Year-2024 Thana- ISUAPUR District- Saran ====================================================== 1.
Rakesh Ray @ Rakesh Rai Son of Late Ram Naresh Ray @ Late Naresh Rai R/O Village- Achitpur Ps- Isuapur Dist- Chapra Saran 2.
Puja Kumari @ Puja Devi @ Puja Kumar wife of Rakesh Ray @ Rakesh Rai R/o Village- Achitpur PS - Isuapur Dist- Chapra Saran 3.
Sampati Devi Wife of Santosh Rai R/o Village- Achitpur PS - Isuapur DistChapra Saran 4.
Rita Devi W/o- Pramod Ray R/o Village- Achitpur PS - Isuapur DistChapra Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Rashmi, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-10-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioners no. 2, 3 and 4 are women and the informant alleges that his daughter was married to Mukesh Rai on 16.05.2022, next alleges that after marriage the accused persons including the petitioners were demanding dowry, his daughter informed him about the demand, on which informant along with others reached the matrimonial home of
Patna High Court CR. MISC. No.68628 of 2024(2) dt.07-10-2024 2/3 his daughter and pacified the issue and came back, it is next alleged that thereafter the accused continued with the demand and torture, further on 08.05.2024 his daughter was strangulated to death by the accused persons including the petitioners, accordingly, he reached the place of occurrence and saw the dead body of his daughter.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case being the brother-in-law (Bhaisur) and sister-in-laws (Gotani's) of the deceased. It is further submitted that though the informant alleges that his daughter was being tortured for dowry but then from perusal of the allegation as alleged in the FIR, it would manifest that the same does not even remotely suggest that as to what was being demanded in dowry by the accused persons. It is next submitted that informant is not an eyewitness to the occurrence and the entire allegation that his daughter was strangulated to death by the petitioners hinges on suspicion.
It is also submitted that had the petitioners been involved in the occurrence their efforts would have been to conceal the evidence by disposing of the dead body but then the same was not done and the postmortem of the dead body reveals that cause of death was asphyxia due to hanging. It is further submitted that daughter of the informant committed suicide.
Patna High Court CR. MISC. No.68628 of 2024(2) dt.07-10-2024 3/3 with general, omnibus and ornamental allegation. It is also submitted that husband of the deceased is in custody.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Isuapur P.S. Case No. 125 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T