← Library
Patna High CourtCR. MISC./4781/2016bail granted

Lallu Ram @ Lallu Rai @ Lallu Tiwary v. The State Of Bihar

2016-03-16Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4781 of 2016 Arising Out of PS.Case No. -258 Year- 2014 Thana -KUDARA District- BHABHUA (KAIMUR) ====================================================== Lallu Ram @ Lallu Rai @ Lallu Tiwary Son of Late Ramanand Rai, Resident of Village - Mujiya, P.S. - Kudara, District - Kaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. Sadanand Paswan (Spl. PP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 16-03-2016 Heard the parties.

The petitioner apprehends his arrest in connection with Kudara P.S. Case No.258 of 2014 for offence punishable under Sections 302 and 201/34 of the Indian Penal Code and section 3(2) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act.

Mr. Rajani Kant Pandey, learned counsel appearing for the petitioner with reference to a petition of complaint present at Annexure-1 has submitted that a complaint into the mysterious death of the father of the complainant was filed in 2009 giving rise to Complaint Case No.140 of 2009 and which after the lapse of five years has been registered under section 156(3) of the Code of Criminal Procedure after enquiry giving rise to Kudara P.S. Case No. 258 of 2014. Again referring back

Patna High Court Cr.Misc. No.4781 of 2016 (2) dt.16-03-2016 to the complaint he submits that except for the circumstances that this petitioner had asked the father of the complainant to accompany him to Faizabad if he wanted to earn a living and which offer was accepted by the father of the complainant, there is nothing else to connect this petitioner with the alleged offence which is entirely resting on suspicion.

Having heard learned counsel for the parties and considering the circumstances existing, let the petitioner, namely Lallu Ram @ Lallu Rai @ Lallu Tiwary in the event of his arrest or surrender within four weeks from today be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Kudara P.S. Case No.258 of 2014 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Jyoti Saran, J) deepika/- U T