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Patna High CourtCR. MISC./3900/2023allowed

Lalan Das v. The State Of Bihar

2023-06-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3900 of 2023 Arising Out of PS. Case No.-252 Year-2020 Thana- KHARIK District- Bhagalpur ====================================================== LALAN DAS SON OF BILAS DAS R/O VILLAGE- GOT KHARIK, P.S.- KHARIK, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Arbind Kumar Pandey, App, 84 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The allegation against the petitioner along with others is of killing the daughter of the informant, due to nonfulfillment of further dowry demand. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is the husband of the deceased. There is no any prior complaint regarding assaulting, harassment and torturing to the deceased against the petitioner and others. He submitted that the deceased

Patna High Court CR. MISC. No.3900 of 2023(4) dt.20-06-2023 2/2 was a short temper lady, due to this the deceased herself committed suicide in absence of the petitioner. He submitted that the petitioner was not present on the spot at the time and date of occurrence and there is no eye-witness to support the prosecution case against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 22.12.2021. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IIIrd, Naugachia, Bhagalpur in connection with Kharik P.S. Case No. 252 of 2020.

(Sunil Kumar Panwar, J) arish/- U T