Rahima Rishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84228 of 2024 Arising Out of PS. Case No.-148 Year-2024 Thana- KORHA District- Katihar ====================================================== Rahima Rishi Son of Shiv Narayan Rishi Resident of VillageParmanandpur,Ward No. 4, P.S.- Korha, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh, Advocate For the Opposite Party/s :

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-12-2024 Heard Mr. Ajit Kumar Singh, learned counsel for the petitioner and the State.

2. The petitioner is in judicial custody in connection with Korha P.S. Case No. 148 of 2024 for the offence punishable under Section 302 of the Indian Penal Code lodged on 05.06.2024 by the informant, Siken Rishi.

3. As per the prosecution story, the informant alleged that the petitioner was having quarrel with his wife. To save herself, she entered the house of a neighbour, the informant. The further allegation is that the petitioner followed his wife and after taking the lady to the court yard, gave 'lathi' blow on the chest which led to immediate death of the informant's mother. The locals who rushed to the place of occurrence caught hold of the petitioner and handed over to the Police. This followed the FIR.

4. Learned counsel for the petitioner submits that a

Patna High Court CR. MISC. No.84228 of 2024(2) dt.11-12-2024 2/2 perusal of the post mortem report would show that they have not found any external injury and further only after viscera report, the cause of death can be ascertained. It is his case with the help of para-14 that the informant is not the eye-witness to the occurrence.

5. Learned APP on the other hand opposes the prayer submitting that a perusal of the FIR would show that the petitioner took the lady to the court yard and thereafter, gave 'lathi' blow on the chest whereafter, she immediately died of the blow given to her. It is his further submission that petitioner was caught on the spot by the locals whereafter he was handed over to the Police. There is direct allegation against him.

5. Considering the aforesaid submission that has come against him, it is unfortunate that in a small quarrel between the couple, the petitioner extreme steps which resulted into death of an innocent lady, in that background, no relief can be granted to him.

6. The bail application stands rejected.

(Rajiv Roy, J) Ravi/- U T