Kamendra Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76041 of 2024 Arising Out of PS. Case No.-141 Year-2021 Thana- SIGAUDI District- Patna ====================================================== Kamendra Bind Son of Rajdeo Bind Village- Karhara ( Dhibrapar), P.S.- Sigaudi, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh, Adv For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 03-07-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sigaudi P.S. Case No. 141 of 2021 registered for the offences punishable under Sections 304B and 201/34 of the I.P.C. and Section 3⁄4 of the Dowry Prohibition Act.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant's daughter mentally and physically due to non-fulfillment of demand of motorcycle as dowry. It was also alleged that on 07.11.2021, the informant came to know that the named accused persons including the petitioner have killed his daughter and cremated her dead body.
Patna High Court CR. MISC. No.76041 of 2024(10) dt.03-07-2025 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that even during the course of investigation nothing has come against the petitioner. It is further submitted that similarly situated co-accused persons have already been granted bail by a co-ordinate Bench of this Court vide order dated 27.02.2023 passed in Cr. Misc. No. 68962 of 2022. It is lastly submitted that the petitioner has clean antecedent and is in custody since 29.06.2023.
5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that the police had inquired the matter and has submitted charge-sheet under Section 304B of the I.P.C. It is further submitted that in pursuance to the direction of this Court, the police got the detailed inquiry done and it was found that the petitioner has come out with his new theory of his wife being traceless as an afterthought and no such missing complaint or F.I.R. was lodged by him. It is next submitted that the trial has commenced and out of the five charge sheet witnesses three witnesses have already been examined.
6. Considering the aforesaid facts and circumstances of the case and also taking into account the nature of allegation,
Patna High Court CR. MISC. No.76041 of 2024(10) dt.03-07-2025 3/3 this Court is not inclined to grant bail to the petitioner and the same is hereby rejected.
7. However, the learned trial court is directed to expedite the disposal of the trial as from mere perusal of the trial record it is evident that it had commenced in the year 2023 and till date only three prosecution witnesses have been examined. It is further directed that the trial of the present case should be completed within a period of four months from today. (Sourendra Pandey, J) Jyoti/- U T