Vinay Kumar @ Vinay Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59257 of 2024 Arising Out of PS. Case No.-525 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== Vinay Kumar @ Vinay Rai Son Of Binod Rai R/V- Sakri Tola Balua, P.S.- Kurhani (Turki Op), Distt.- Muzaffarpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Police Rai Son Of Late Bhuneshwar Rai R/V- Bishunpur Giddha, P.S.- Maniyari, Distt.- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Adv.
Mr. Ajay Kumar Sinha,Adv.
Mr. V.K. Pandey, Adv.
For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP Mr. Arvind Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-03-2025 Heard the parties.
2. The petitioner is named in the F.I.R.
and apprehending his arrest in connection with Kurhani P.S. Case No. 525 of 2022 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
3. The allegation against petitioner being husband is to cause death of his wife who was the daughter of the informant, for nonfulfilling the demand of dowry as raised for
Patna High Court CR. MISC. No.59257 of 2024(6) dt.05-03-2025 2/3 cash of Rs. 2 lakh and a four wheeler vehicle.
4. It is submitted by learned counsel appearing on behalf of the petitioner that as per post-mortem report the daughter of informant committed suicide. It is submitted that no injury except legature mark on the neck, which was due to hanging appears found upon the body of the deceased, which suggest prima-facie that she was not subjected to physical assault/cruelty soon before the occurrence. It is also submitted that the demand of dowry not appears proximate qua present occurrence.
While concluding arguments, it is submitted that the parents of the petitioner who are also co-accused in this case were granted regular bail by the learned trial court.
5. Learned APP duly assisted by learned counsel for the informant Mr. Arvind Kumar, while opposing the prayer of bail submitted that the post-mortem report of the deceased
Patna High Court CR. MISC. No.59257 of 2024(6) dt.05-03-2025 3/3 clearly suggests that her death was unnatural within 7 years of her marriage. At this stage the submission whether the demand was proximate or not cannot be looked into.
6. In view of the aforesaid factual submissions and by taking note of fact as the petitioner is husband where it appears that the daughter of informant who was his wife died within 7 years of marriage in the house of the petitioner/matrimonial house in unnatural manner, accordingly, the anticipatory bail of the above-named petitioner stands rejected.
(Chandra Shekhar Jha, J) Sudha/- U T