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Patna High CourtCR. MISC./21211/2024dismissed

Bindeshwar Bind @ Dineshwar Bind @ Bindeshwar Chaudhary v. The State Of Bihar

2024-03-13Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21211 of 2024 Arising Out of PS. Case No.-102 Year-2022 Thana- SAHAR District- Bhojpur ====================================================== Bindeshwar Bind @ Dineshwar Bind @ Bindeshwar Chaudhary S/O Musafir Bind R/O Karbasin, Satyari Tola, P.S- Azimabad, Distt.- Bhojpur (ARRAH). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Vardhan Narayan, Advocate For the State :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 22.05.2023 in Cr. Misc. No. 23499 of 2023.

3. The petitioner seeks bail in connection with Sahar P.S. Case No. 102 of 2022 registered for the offence punishable under Sections 364, 302, 201 and 120(b) of the Indian Penal Code.

4. The following order was passed on 22.05.2023 in Cr. Misc. No. 23499 of 2023 which reads as under:

Patna High Court CR. MISC. No.21211 of 2024(2) dt.13-03-2024 2/3 "Heard the learned counsel for the petitioner and learned counsel for the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sahar P.S. Case No. 102 of 2022 registered for the offence under Sections 364, 302, 201 and 120(b) of the Indian Penal Code.

The daughter of the petitioner was having an affair with the deceased. The deceased was called by the daughter and thereafter, the petitioner along with others are said to have killed the deceased. During investigation, some materials have come that the deceased has been killed by a large number of persons including the petitioner.

It has been submitted by the learned counsel for the petitioner that there is no material available against the petitioner except suspicion and similarly situated accused persons namely, Sanjay Kumar and Gauri Shankar Bind have been granted bail.

Learned A.P.P. has vehemently opposed the prayer for bail and has submitted that the petitioner is the main accused as being the father of the girl he had called the deceased who belongs to a different caste, and thereafter, the deceased was killed.

I have considered the submission of the parties, the case of the petitioner and the other co-accused who have been granted bail can be distinguished. The petitioner is the father of the girl who has killed the deceased.

In view of the aforesaid fact, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer of bail of the petitioner is rejected herewith.

The District Judge, Bhojpur at Ara is directed to expedite the trial of all the cases in one Court pending against the petitioner."

5. This Court finds no ground to review its earlier order dated 22.05.2023.

Patna High Court CR. MISC. No.21211 of 2024(2) dt.13-03-2024 3/3

6. Accordingly, this application stands dismissed. (Sandeep Kumar, J) P. Kumar U T