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Patna High CourtCR. MISC./15205/2024bail granted

Rahul Kumar Bin @ Rahul Bin @ Rahul Kumar Bind @ Rahul Bind v. The State Of Bihar

2024-03-14Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15205 of 2024 Arising Out of PS. Case No.-193 Year-2020 Thana- BIHIA District- Bhojpur ====================================================== Rahul Kumar Bin @ Rahul Bin @ Rahul Kumar Bind @ Rahul Bind S/O Late Mulki Bind Village- Goura,Ps.- Bihiya Bahoranpur, Dist.- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-03-2024

1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Bihiya (Bahoranpur) P.S. Case No. 193 of 2020, registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

3. The allegation against above named petitioner is to cause death of daughter of informant due to non-fulfillment of demand of dowry, as raised for one motorcycle.

Patna High Court CR. MISC. No.15205 of 2024(2) dt.14-03-2024 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that the thrust of allegation is available against the husband of deceased, where implication of this petitioner only appears being brother of the husband of deceased. It is submitted that petitioner living separately much prior to the occurrence with deceased and her husband and as such having no connection with their daily and domestic affairs. It is further submitted that there is no overt act attributed against this petitioner towards occurrence, rather from concluding part of FIR, it appears that petitioner helped in concealing dead body alongwith other co-accused persons. Petitioner is a man of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact, as petitioner is brother-in-law, claiming to live separately prior to the occurrence, where the allegation is appearing limited to conceal the dead body of the deceased, accordingly,

Patna High Court CR. MISC. No.15205 of 2024(2) dt.14-03-2024 3/3 above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IIIrd, Bhojpur at Ara/concerned Court, where the case is pending in connection with Bihiya (Bahoranpur) P.S. Case No. 193 of 2020 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T