This was an oral order revisiting an earlier rejected anticipatory bail application. The court refused to entertain the second attempt, rejecting the prayer as it had already been declined on merit previously.
Prayer for anticipatory bail stands rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30147 of 2021
Arising Out of PS. Case No.-147 Year-2019 Thana- BIND District- Nalanda
======================================================
RUDAL BIND @ RUDAL CHAUHAN Son of Shiv Kumar Bind Resident of Village - Bind, P.S.- Bind, Dist.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s : Smt. Asha Kumari, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
3 18-08-2021
Heard Mr. Amresh Kumar Sinha, learned counsel for
the petitioner and Smt. Asha Kumari, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks anticipatory bail in connection with Bind P.S. Case No. 147 of 2019 registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code, 1860.
This is second attempt for grant of anticipatory bail on behalf of the petitioner inasmuch as earlier the anticipatory bail application of the petitioner was rejected by this Court on merit vide order dated 7.12.2020 passed in Cr. Misc. 19966 of 2020.
The prosecution case as per the First Information Report is that the daughter of the informant (since deceased) was married to co-accused Ravi Shankar Kumar in the year
Patna High Court CR. MISC. No.30147 of 2021(3) dt.18-08-2021 2/2
2017 and after marriage, the petitioners along with other coaccused persons started demanding a sum of Rs.2,00,000/- as dowry and due to non-fulfillment of the said demand, the deceased was subjected to cruelty and torture and ultimately she was killed on 19.11.2019 by pressing her neck.
Learned counsel for the petitioner submits that husband of the deceased who had been charged under Section 304(B)/34 of the Indian Penal Code has been acquitted by the Trial Court vide judgment and order dated 8.1.2021 which has been annexed as Annexure-3 to the bail petition.
Regard being had to the submission made by the parties and the fact that anticipatory bail of the petitioner was earlier rejected on merit vide otder dated 7.12.2020 passed by this Court in Cr. Misc. 19966 of 2020, I am not inclined to consider the case of the petitioner for anticipatory bail for the second time.
Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.
(Anil Kumar Sinha, J)
S.Ali/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in a second attempt after it was earlier rejected on merit.
Whether the husband's acquittal in the dowry death case warrants granting anticipatory bail.
Rudal Bind @ Rudal Chauhan
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
