Upendra Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45621 of 2021 Arising Out of PS. Case No.-329 Year-2018 Thana- SHIVSAGAR District- Rohtas ====================================================== Upendra Bind, Son Of Uma Bind @ Umashankar Bind, Resident Of VillageSikandarpur, P.S.- Sheosagar (Baddi O.P.), District- Rohtas. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 304-B and 201/ 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 01.02.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that the informant alleges that his daughter was married with the petitioner in the Year 2013 and after marriage, motorcycle and a gold chain was being demanded and on account of nonfulfilment of the said demand, his daughter was met with cruelty

Patna High Court CR. MISC. No.45621 of 2021(3) dt.11-04-2022 2/3 and torture. On 04.10.2018 at about 11.00 P.M., the informant was informed by Chandani Devi, his other daughter, that victim was killed and her in-laws were taking her dead body for cremation. On the said information, the informant along with the villagers reached the place of occurrence where they saw that the dead body of his daughter was being cremated with the sole purpose of causing disappearance of the evidence. The learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the case. The marriage was performed in the Year 2013, till 2018, no allegation of dowry demand was made, but when his daughter died a natural death, the informant falsely implicated the petitioner by instituting the present F.I.R. Learned A.P.P.

opposes the bail application and submits that there is direct allegation against the petitioner and his family members regarding demand of dowry and the marriage was only five years old and petitioner, being husband, is directly responsible for the unnatural death of the death. Considering the fact that petitioner is the husband of the deceased and the marriage was only five years old and there is allegation of demand of dowry, the Court is not inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.45621 of 2021(3) dt.11-04-2022 3/3 Accordingly, the prayer for bail of the petitioner stands rejected.

(Satyavrat Verma, J) vikash/- U T