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2025 DAILYLAW 101750 (PAT)

Shyam Ray @ Shyam Kumar Ray v. The State of Bihar

CR. MISC./66990/2025 · 2025-11-07

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66990 of 2025 Arising Out of PS. Case No.-74 Year-2025 Thana- BOCHAHAN District- Muzaffarpur ====================================================== 1 . Shyam Ray @ Shyam Kumar Ray S/O Ramdas Ray R/O Village- Dharampur, P.S.- Bochahan, District- Muzaffarpur 2. Manish Ray @ Manish Kumar S/O Ramdas Ray R/O Village- Dharampur, P.S.- Bochahan, District- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hari Kishore Thakur , Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP For informant : Ms. Nitu Kumari , Advocate Mr, Ratneshwar Prasad , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 07-11-2025 Heard learned counsel for the petitioners and the State . 2. Petitioners apprehends arrest in a case registered for the offence punishable under sections 103 (1) and 3 (5) of BNS. 3 . As per the prosecution case , the informant, namely, Shariflal Ray, alleged that when he returned home, he found his daughter-in-law dead and hanging. Subsequently, the informant’s grandson informed him that the present petitioners, along with two others, had killed her and then hanged the body . 4. Learned counsel for the petitioners submits that the Patna High Court CR. MISC. No.66990 of 2025(3) dt.07-11-2025 2/2 petitioners are innocent and have falsely been implicated in this case . As a matter of fact, informant had committed suicide by hanging herself with a pipe in the court yard of house . F.I.R. was lodged after the delay of 2 days for which there is no plausible explanation which itself creates doubt over the veracity of entire prosecution case . 5. Learned counsel for the State opposed the prayer for bail and submitted that there is specific allegation against these petitioners that they committed the murder of the informant’s daughter-in-law. The grandson of the informant, namely Vishal Kumar, is an eye witness to the occurrence who stated that on 28.03.2025, at about 2:00 PM, these petitioners, along with other co-accused persons, came to his house, assaulted his mother, and thereafter killed her and hanged the body . 6. Considering the statement of Vishal Kumar who is none else then grandson of informant, nature of accusation and gravity of offence , prayer for pre-arrest bail of the petitioners is rejected. Koushik/- (Prabhat Kumar Singh, J) U T