Binod Parvat @ Vinod Kumar Parvat @ Binod Kumar Parvat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43032 of 2023 Arising Out of PS. Case No.-20 Year-2023 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.
BINOD PARVAT @ VINOD KUMAR PARVAT @ BINOD KUMAR PARVAT son of late Vishwanath Parvat 2.
Shiv Kumari Devi wife of Binod Parvat @ Vinod Kumar Parvat @ Binod Kumar Parvat Both are of resident of Village- Siyadi Mathiya PS- Siwan Mufassil DistSiwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :
Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-08-2023
1. Heard learned counsel for the parties.
2. The petitioners in this application pray for bail apprehending their arrest in connection with Siwan Mufassil P.S. Case no.20 of 2023 registered for the offence punishable under sections 304B, 498A, 201 and 34 of the Indian Penal Code.
3. As per the prosecution case, the daughter of the informant, who was married to the son of the petitioners herein, was tortured by the accused persons including the petitioners for non-fulfillment of demand of dowry and was ultimately done to death.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.43032 of 2023(2) dt.22-08-2023 2/3 the petitioners are the father-in-law and the mother-in-law of the deceased. Partition had taken place between the petitioners and their son, the husband of the deceased prior to the occurrence and they were living separately. The allegations are general and omnibus in nature. The petitioners have no criminal antecedent.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the contents of the F.I.R. it transpires that there is specific allegation that the petitioner no.1 along with one co-accused brother-in-law Deepak Kumar made demand of a wagon-r by way of dowry and ultimately the daughter of the informant was done to death.
7. In view of the above fact, the Court is not inclined to enlarge the petitioner no.1 Binod Parvat on anticipatory bail and his application is rejected. The petitioner no.1 is directed to surrender in the learned Court below within a period of four weeks.
8. In view of the general and omnibus allegation in the F.I.R. so far as the petitioner no.2 is concerned, who is a lady, together with the husband of the deceased being in custody as stated in paragraph no.18 of the petition, in the facts and circumstances of the case, it is directed that the petitioner no.2,
Patna High Court CR. MISC. No.43032 of 2023(2) dt.22-08-2023 3/3 Shiv Kumari Devi in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Siwan Mufassil P.S. Case no.20 of 2023 on 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 Chief Judicial Magistrate-I, Siwan.
(Partha Sarthy, J) Saurabh/- U T