Lakshman Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8000 of 2022 Arising Out of PS. Case No.-148 Year-2017 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== 1.

Lakshman Singh Son of Raj Grahi Singh Resident of Village - Devasdihra, P.S. - Kudra, District - Kaimur at Bhabua.

2.

Bajrangi Singh Son of Raj Grahi Singh Resident of Village - Devasdihra, P.S. - Kudra, District - Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioners seek bail in connection with Kudra P.S. Case No. 148 of 2017 registered for the alleged offences under Sections 304B and 201/34 of the Indian Penal Code.

Allegation against the petitioners and other co-accused persons is that of killing the daughter of informant due to non-fulfillment of their demand of dowry.

Patna High Court CR. MISC. No.8000 of 2022(2) dt.06-07-2022 2/3 The learned counsel for the petitioners submits that petitioners are brothers-in-law (Devar and Bhaisur) of the deceased and they are innocent and have been falsely implicated in this case. There is only general and omnibus allegation against the petitioners. The husband of the deceased was granted bail by a Coordinate Bench vide order dated 20.12.2018 passed in Cr. Misc. No. 52498 of 2018 and later on this co-accused was even acquitted by lower court itself. The petitioner is in custody since 26.11.2021.

Learned APP opposes the prayer for bail submitting that the petitioners and other co-accused persons caused dowry death of the daughter of the informant. However, he admits that the husband of the deceased was granted bail by a Coordinate Bench.

Having regard to the submissions made hereinabove and considering the fact that even the co-accused husband stands acquitted from all the charges and further considering the period of custody, the petitioners above named are directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 4th Kaimur at Bhabhua in connection with

Patna High Court CR. MISC. No.8000 of 2022(2) dt.06-07-2022 3/3 Kudra P.S. Case No. 148 of 2017 , subject to the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/- U T