Lalbabu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3580 of 2025 Arising Out of PS. Case No.-388 Year-2024 Thana- CHAPRA TOWN District- Saran ====================================================== 1.
Lalbabu Singh S/o- Late Ramashray Singh Village- Bichla Telpa P.S-Chapra Town District-Saran 2.
Nirmala Devi W/o- Lalbabu Singh Village- Bichla Telpa P.S-Chapra Town District-Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar, Adv.
For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-02-2025 Heard the learned Advocate for the petitioners and the learned APP for the State.
2. The petitioners seek regular bail, who are in custody in connection with Chapra Town P.S. Case No. 388 of 2024, registered for the offence punishable under Section 304(B) of the Indian Penal Code.
3. Based upon the written report, the prosecution alleges that there was a love affair between the daughter of the informant with the son of the petitioners; and after much persuasion, finally marriage was solemnized. However, soon after the marriage, the victim was subjected to demand of dowry and on account of non-fulfillment of the same, she was done to
2/4 death. It is further alleged that on 15.06.2024 at about 05:00 AM, the informant received information from her daughter's mobile that condition of her daughter was critical and she is being taken to the Sadar Hospital. On the aforenoted information, the informant rushed to the hospital, however, she did not find her daughter and further came to know that the dead body of the daughter was taken for cremation. They rushed to the place of cremation and found the ligature mark on the neck of the daughter of the informant. Suspicion has been raised that the deceased was killed by strangulating her by means of rope.
4. Learned Advocate for the petitioners contended that in fact when the father of the deceased came to know about the love affairs of her daughter, he brutally assaulted her daughter and thereafter, the daughter left her house and solemnized marriage with the son of the petitioners. Both the deceased and her husband had settled at Surat. On information given by the family members regarding the marriage of the elder son of the petitioners, both of them came there. In the fateful night of 1415.03.2024, the son of the petitioners on being found some vulgar photograph of his wife in the mobile of one Ajay Kumar, shown his displeasure and some dispute has arisen between both the husband and wife and later one, on a fit of rage, the
3/4 deceased has committed suicide. It is the contention of the learned counsel that the petitioners are parents-in-law and they have no concern with the day to day affairs of the deceased and her husband. The post-mortem report clearly suggest that the deceased was not subjected to any violence or torture. The cause of death is said to be asphyxia, as a result of hanging.
5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the just within three years of the marriage, deceased was done to death by all the accused persons, on account of non-fulfillment of the demand of dowry and, as such, the complicity of the petitioners cannot be ruled out.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioners are parents-in-law facing omnibus allegation; the post-mortem report suggest that the cause of death is asphyxia due to hanging and there is no mark of violence, let the petitioners, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Town P.S. Case No. 388 of 2024, subject to the condition that one of the bailors will be the
4/4 close relatives of the petitioners with further conditions which are as follows:- (i) The petitioners will cooperate in conclusion of the trial.
(ii) They will remain present on each and every date of trial till disposal of the case.
(iii) They will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, their bail bonds will liable to be cancelled.
(v) The court below shall verify the criminal antecedent of the petitioners and in case, at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioners. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J) shivank/- U T