Dismissed¶20

Binod Kumar Ray @ Bikki @ Binod Kumar @ Vickky v. the State of Bihar

Patna HC21 Mar 2024CR. MISC./1709/2024

Case brief

AI extract

What is this about?

Regular bail rejected; dowry death case; Section 304B IPC charge-sheet; Sections 302, 316 IPC; defence plea of Section 306 IPC suicide by hanging; asphyxia due to ante-mortem strangulation; husband of deceased; in custody since 21.4.2023; trial directed to be expedited; Patna High Court; Cr. Misc. No. 1709 of 2024; Partha Sarthy, J.; 21-03-2024; Falka P.S. Case No. 118 of 2023; S.T. No. 407 of 2023; Katihar.

What did the court decide?

No substantive relief; the bail application was rejected. Learned trial Court directed to expedite the trial. ¶20

Binod Kumar Ray @ Bikki @ Binod Kumar @ Vickky Vs… — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

No substantive relief; the bail application was rejected. Learned trial Court directed to expedite the trial.

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Issue for consideration

Whether the petitioner's application for regular bail in connection with S.T. No. 407 of 2023, arising out of Falka (Pothia) P.S. Case No. 118 of 2023, registered under Sections 302, 304B and 316 IPC, should be granted. +1 more

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Court's answer

The Court was not inclined to enlarge the petitioner on bail and rejected the application for regular bail.

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Ratio / Principle

Grounds recorded for refusing bail: the allegations against the petitioner in the FIR, the petitioner being the husband of the deceased, the cause of death in the postmortem report being asphyxia due to ante-mortem strangulation, and the charge-sheet having been submitted in the case under Section 304B IPC besides other sections.

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Detailed headnote1 paragraphs

Patna High Court (Partha Sarthy, J.), order dated 21-03-2024 in Criminal Miscellaneous No. 1709 of 2024: Regular bail application in connection with S.T. No. 407 of 2023, arising out of Falka (Pothia) P.S. Case No. 118 of 2023 (Katihar), registered under Sections 302, 304B and 316 IPC. Prosecution case: the deceased, wife of the petitioner, was allegedly tortured for a demand of Rs. 2 lakhs and was found lying dead; the informant states he is convinced she was killed for non-fulfillment of the dowry demand. Postmortem cause of death: asphyxia due to ante-mortem strangulation. Petitioner, husband of the deceased, in custody since 21.4.2023; charge-sheet filed under Section 304B IPC besides other sections. Counsel for the petitioner urged that the FIR indicated suicide by hanging, making it a case under Section 306 IPC and not Section 304B IPC. Taking into consideration the FIR allegations, the petitioner being the husband of the deceased, the postmortem finding, and the charge-sheet under Section 304B IPC, the Court declined to enlarge the petitioner on bail and rejected the application, directing the learned trial Court to expedite the trial.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1709 of 2024

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Arising Out of PS. Case No.-118 Year-2023 Thana- FALKA District- Katihar

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====================================================== BINOD KUMAR RAY @ BIKKI @ BINOD KUMAR @ VICKKY SON OF ASHOK RAY R/O VILLAGE- DUMAR ROY TOLA, P.S.- FALKA, DISTRICT- KATIHAR

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Suresh Prasad Sah, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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3 21-03-2024

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Heard learned counsel for the parties.

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The petitioner has preferred this application for

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grant of regular bail in connection with S.T no. 407 of 2023, arising out of Falka (Pothia) P.S. Case no.118 of 2023, registered under sections 302, 304B and 316 of the Indian Penal Code.

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As per the prosecution case, the informant states that his daughter was married to the petitioner herein. She was tortured by the accused persons including the petitioner for demand of Rs. 2 lakhs. It is further stated that her neighbour informed that she had hung herself. On reaching his daughter’s sasural, the informant found her lying dead

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Patna High Court CR. MISC. No.1709 of 2024(3) dt.21-03-2024 2/3

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on the bed. He states that he is convinced that his son-in-law and other accused persons killed her for non-fulfillment of the demand of dowry.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only on account of his being the husband of the deceased. From the FIR itself, it would be evident that he was informed about her committing suicide by hanging herself. It would be a case under section 306 of the Indian Penal Code and not under section 304B of the Indian Penal Code. The petitioner is in custody since 21.4.2023 and charge-sheet has been submitted in the case.

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The application for bail is opposed by learned APP for the State.

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Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the petitioner being the husband of the deceased, the cause of death in the postmortem report being asphyxia due to ante-mortem strangulation and charge-sheet having been submitted in the case under section 304B of the Indian Penal Code besides other sections, the Court is

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Patna High Court CR. MISC. No.1709 of 2024(3) dt.21-03-2024 3/3

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not inclined to enlarge the petitioner on bail and the

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application is rejected.

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