Binod Kumar @ Binod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27072 of 2020 Arising Out of PS. Case No.-145 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== BINOD KUMAR @ BINOD RAI S/o Shyam Babu Rai Resident of VillagePirapur, Police Station-Lalganj in the District of Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Jai Narayan Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-12-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and Sri Jai Narayan Thakur, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Lalganj PS case no. 145 of 2019 registered for the offences punishable under Section 304(B)/34 of Indian Penal Code.

The case of the prosecution in brief according to the informant is that he had married his daughter with the petitioner in the year 2014 as per Hindu rites and rituals, however subsequently, the petitioner and the other accused persons used to torture her on account of non-fulfilment of the

Patna High Court CR. MISC. No.27072 of 2020(3) dt.18-12-2020 2/3 demand for dowry and on 20.04.2019, the informant is stated to have received a phone call that his daughter has been burnt by pouring kerosene oil on her by the petitioner and other co-accused persons and thereafter, they have fled away. It is also alleged that the villagers had then taken the daughter of the informant to private hospital at Lalganj from where she was referred to Sadar hospital, Hazipur and then to P.M.C.H. Patna where she died on 20.04.2019 itself. It is also alleged that the petitioner along with the co-accused persons have murdered her daughter by setting her on fire.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. Per contra, the learned APP for the State vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is the husband of the deceased victim lady and has been alleged to have killed his wife by burning her, I do not find

Patna High Court CR. MISC. No.27072 of 2020(3) dt.18-12-2020 3/3 any merit in the present petition for grant of anticipatory bail, hence the same stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T