Binay Bind @ Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73090 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- CHAND District- Kaimur (Bhabua) ====================================================== Binay Bind @ Vinay Kumar Son of Ram Dular Bind @ Shiv Dular Bind R/Vill-Chandosh ( Madai), P.S.-Chand, Dist- Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Mishra For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-10-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Chand P.S. Case No. 79 of 2024 registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code.

2.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that his daughter was married to petitioner on 11-6-2023 and after marriage, the accused persons were demanding Rs. 1 lakh and a motorcycle by way of dowry and on account of nonfulfillment of the demand, his daughter was killed on 4-5-2024 by the accused persons by strangulating her.

3.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.73090 of 2024(2) dt.04-10-2024 2/3 Ram Dular Bind and Teju Bind had approached this court seeking anticipatory bail by filing Cr. Misc No. 59520 of 2024 and the same was allowed by an order dated 17-9-2024 and thus based on parity seeks anticipatory bail. It is also submitted that victim committed suicide.

4.

Learned A.P.P. for the State, Shri. Chandra Bhushan Prasad, opposes the prayer for anticipatory bail of the petitioner and submits that the yardstick for considering the anticipatory bail of Ram Dular Bind and Teju Bind, who were the brothers-in-law of the deceased is different from the yardstick to be applied for considering the anticipatory bail of the petitioner who is husband of the deceased. Learned APP next submits that there is specific allegation in the FIR that the victim was being tortured for non-fulfillment of dowry demand and she was killed on 4-5-2024, i.e., within an year of marriage. It is also submitted that presumption in law is also against the petitioner. It is further submitted that even if the victim committed suicide then it was the petitioner who made the condition conducive for her to take the extreme steps for ending her life.

5.

Considering the submissions made by the learned APP, the Court is not inclined to extend the privilege of

Patna High Court CR. MISC. No.73090 of 2024(2) dt.04-10-2024 3/3 anticipatory bail to the petitioner.

6.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Satyavrat Verma, J) SUMIT/- U T