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Patna High CourtCR. MISC./5511/2020allowed

Lambu @ Basudeo Prasad Saha @ Basudev Prasad Sah v. The State Of Bihar

2020-06-30Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5511 of 2020 Arising Out of PS. Case No.-554 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== 1.

Lambu @ Basudeo Prasad Saha @ Basudev Prasad Sah Son of Late Lakshman Saha Resident of Village- Dilawaraganj, P.S.- Kishanganj, DisttKishanganj. 2.

Rajesh Sah @ Rajesh Kumar Sah Son of Basudeo Prasad Saha @ Lambu Resident of Village- Dilawaraganj, P.S.- Kishanganj, Distt- Kishanganj. 3.

Bikram Saha @ Bikram Sah @ Bikram Kumar Sah Son of Basudeo Prasad saha @ Lambu Resident of Village- Dilawaraganj, P.S.- Kishanganj, DisttKishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-06-2020 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are apprehending arrest in connection with Kishanganj P.S. Case No. 554 of 2019 for the offence under sections 302 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners have no criminal antecedent.

Learned counsel with reference to post mortem report would submit that no external injury was found which falsifies the very allegation of the informant in this case. It also appears from the case diary that no injury was found. No one

Patna High Court CR. MISC. No.5511 of 2020(4) dt.30-06-2020 2/2 has seen the occurrence and there is possibility that the husband of the informant died due to drowning as he was in the habit of consuming liquor and in the night he was found dead in the pond.

Considering the totality discussed hereinabove, the Court is inclined to grant anticipatory bail to the petitioners, let the petitioners, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, in connection with Kishanganj P.S. Case No. 554 of 2019 subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U T