Partly allowed

Bindeshwar Rai v. the State of Bihar

Patna HC20 Dec 2023CR. MISC./59965/2023

Case brief

AI extract

What is this about?

The Patna High Court granted pre-arrest bail to sundari Devi in a Section 304-B dowry death case. The court noted the primary petitioner's death and the secondary petitioner's age and lack of matrimonial involvement, applying Section 438 CrPC.

What did the court decide?

Release of petitioner no.2 on pre-arrest bail on furnishing a bond of Rs. 10,000/- with two sureties to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur.

Bindeshwar Rai Vs the State of Bihar — Dowry and Cruelty | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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CRIMINAL MISCELLANEOUS No.59965 of 2023

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Arising Out of PS. Case No.-106 Year-2023 Thana- KUDHNI District- Muzaffarpur

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======================================================

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BINDESHWAR RAI, Male, aged about 67 years, S/O MALAHU RAI

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SUNDARI DEVI, Female, aged about 65 years, WIFE OF BINDESHWAR RAI,

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Both are residents of VILLAGE FAKULI, POLICE STATION, KUDHNI, FAKULI O.P., DISTRICT MUZAFFARPUR

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ranjan Kumar Singh, Advocate For the Opposite Party/s : Mr.Narendra Kumar Singh, APP

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

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ORAL ORDER

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3 20-12-2023

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Heard Mr. Ranjan Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Narendra Kumar Singh, learned APP for the State.

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The petitioners seek pre-arrest bail in connection with Kudhni (Fakuli O.P.) P.S. Case No. 106 of 2023 dated 05.03.2023 registered for the offence(s) punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

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As per the allegation made in the FIR, the accused persons named therein killed the daughter of the informant for non-fulfillment of demand of dowry.

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Patna High Court CR. MISC. No.59965 of 2023(3) dt.20-12-2023 2/3

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Learned counsel appearing on behalf of the petitioner submitted that petitioner no.1 has met with an accident and he is no more and application with respect to him has become infructuous. So far as petitioner no.2 is concerned, she is an old lady and she had no concern with the matrimonial affairs of her son and daughter-in-law. Petitioner no.2 has clean antecedent.

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Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

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Considering the nature of allegation alleged against petitioner no. 2 and the material available on record, as well as, the fact that husband of the deceased is also in custody, I am of the opinion that petitioner no.2 has, prima facie, made out a case to be released on pre-arrest bail.

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The petitioner no.2, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffapur in connection with Kudhni (Fakuli O.P.) P.S. Case No. 106 of 2023, subject to the conditions as laid down under Section

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Patna High Court CR. MISC. No.59965 of 2023(3) dt.20-12-2023 3/3

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438(2) of the Cr.P.C.

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(Purnendu Singh, J)

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Sanjay/-

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Bindeshwar Rai v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Bindeshwar Rai v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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