Binay Kumar @ Binay Chandravanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51520 of 2021 Arising Out of PS. Case No.-87 Year-2020 Thana- UPHARA District- Aurangabad ====================================================== Binay Kumar @ Binay Chandravanshi S/O Sudershan Singh @ Sudershan Chandravanshi R/o village- Shekhpura, P.S.- Uphara, District- Aurangabad ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Mukul Kumari, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 31-03-2022 Heard learned counsel for the petitioner.

A police case bearing Uphara P.S. Case No. 87 of 2020 was lodged under sections 304(B)/34 of the Indian Penal Code by the informant Ramesh Chandravanshi.

As per the statement in the FIR his daughter was married in 2015 with the petitioner herein and they were blessed with three sons. However, every now and then, she was assaulted by her in-laws including the petitioner herein for dowry. On the fateful day, 26th December 2020 once again there was a 'Mar-Pit' with the deceased lady by the petitioner and his family members which finally resulted her death. The informant in the FIR has stated that her daughter was regularly assaulted only for the purpose of dowry.

Patna High Court CR. MISC. No.51520 of 2021(3) dt.31-03-2022 2/2 Counsel for the petitioner submits that the story attributed in the FIR does not match with the post-mortem report of the deceased person and as such the case of murder is not made out.

Considering the nature of the case, this Court is not inclined to give privilege of bail to the petitioner herein which is accordingly dismissed.

(Rajiv Roy, J) Ravi/- U T