IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45190 of 2011 ====================================================== Rajesh Prasad @ Rajesh Kumar S/O Ganaur Mahton, Resident of Village- Goraur, P.S.- Chhabilapur, District- Nalanda .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Pramod Kumar Sinha, Adv. For the Opposite Party : Mr.Shantanu Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 14-02-2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Silao P.S. Case No. 91 of 2011 for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code. A dead body of a lady was found by the Chaukidar, Silao Police Station, District-Nalanda. The dead body was traced into house of Balmiki Prasad. The said Balmiki Prasad had three sons and one daughter. The allegation is that as the daughter Sulekha Kumari the deceased had gone astray, the act allegedly was carried out by her own brother Dinesh Prasad with the aid and assistance of this petitioner. The said position comes to light from the statement of the uncle Surendra Prasad recorded in paragraph 63 of the case diary as also his statement made under Section 164 of the Code of Criminal Procedure recorded in paragraph 67 of the case diary. The petitioner happens to be the ‘Mausera’ brother of the deceased. Patna High Court Cr.Misc. No.45190 of 2011 (3) dt.14-02-2012 2 / 2 2 The uncle of the deceased Surendra Prasad has stated that as the girl was bringing disrepute to the honour of the family, she was killed. This appears to be a case of honour killing. The said Surendra Prasad has stated that the brother of the deceased Dinesh Prasad had informed him that he has killed his sister and that he should shave of his head. The confessional statement of this petitioner recorded in paragraph 77 of the case diary supports the said position when he admits to catching hold of the victim girl while the co-accused Dinesh Prasad strangulated her. The port mortem report supports the cause of death by way of strangulation. The dead body was found half buried in the sands. Considering the circumstances, no case for indulgence is made out. This application is dismissed. Bibhash (Jyoti Saran, J)