Ramveer Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75285 of 2024 Arising Out of PS. Case No.-160 Year-2023 Thana- BELA District- Sitamarhi ====================================================== 1.
Ramveer Ray, male, aged about 48 years, Son of Rambriksha Ray, 2.
Sundar Devi @ Adhgaiwali, female, aged about 45 years, wife of Ramveer Ray, 3.
Gulabiya Devi, female, aged about 21 years, daughter of Ramveer Ray, All resident of Village- Masha, P.S.- Parihar, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 29-01-2025 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in connection with Bela P.S. Case No. 160 of 2023 dated 05.07.2023, instituted under Sections 302 and 34 of the Indian Penal Code.
3. The prosecution case in short is that the daughter of the Ramveer Rai, namely, Indresh Devi was married to Devendra Rai, but said Indresh Devi fell in love with the informant's son Vivek Kumar (deceased) and said Indresh Devi conceived with Vivek Kumar and both of them wanted to marry, but their family members protested. It is further alleged that on 01.07.2023 Vivek Kumar took away daughter of the petitioner
Patna High Court CR. MISC. No.75285 of 2024(3) dt.29-01-2025 2/3 nos. 1 and 2 to her parental house on his motorcycle. On 04.07.2023, the village chowkidar informed his maternal grandmother, Shanti Devi, that the dead body of Vivek Kumar was lying near the Power House. She went there and found the dead body of the Vivek Kumar lying there and froth was coming out from his mouth and his body appeared bluish. It is further alleged that Ramveer Rai, Manish Kumar, Om Prakash Kumar, Adhgai Wali and Gulabiya Devi and others committed the murder of Vivek Kumar and threw his dead body.
4. Learned Counsel for the petitioners submitted that the petitioners are innocent and have committed no offence. It is also submitted that the daughter of the petitioner nos. 1 and 2, namely, Indresh Devi died on 01.07.2023 for which Parihar P.S. Case No. 173 of 2023 was lodged on 02.07.2023 under Section 304-B and other allied sections of the Indian Penal Code. It is further alleged that present case has been filed to put pressure upon the petitioners by the informant. The petitioners are the parents and sister of the deceased Indresh Devi with whom the deceased i.e., son of the informant, namely, Vivek Kumar was having love affairs. It is further submitted that due to illicit relationship between them Indresh Devi i.e., the daughter of the petitioner nos. 1 and 2 became pregnant which was being
Patna High Court CR. MISC. No.75285 of 2024(3) dt.29-01-2025 3/3 objected by the people of the society and due to that reason both had committed suicide. Learned Counsel for the petitioners further submitted that there is no cogent evidence against the petitioners as well as there is no eye witness to the occurrence. Lastly, it is submitted that the petitioners have no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sadar, Sitamarhi in connection with Bela P.S. Case No. 160 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J.) Jyoti Kumari/- U T