Subodh Laheri @ Subodh Lahkar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24029 of 2021 Arising Out of PS. Case No.-206 Year-2020 Thana- MALSALAMI District- Patna ====================================================== Subodh Laheri @ Subodh Lahkar, Son of Laxmi Laheri, R/O-Chhoti Nagla, Adarsh Colony (D), P.S.- Malsalami, District- Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Harish Kumar, Advocate For the Opposite Party/s :
Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-12-2021 Today being Friday, matters are being taken up through virtual mode as per current procedure for hearing. Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Malsalami P.S. Case No.206 of 2020 initially registered for the offence punishable under Sections 304B/34 of the Indian Penal Code, in which chargesheet has been submitted under Sections 302, 304B, 34 of the Indian Penal Code.
Counsel for the petitioner submits that being the father-in-law, the petitioner has been implicated in this case falsely by virtue of his relationship. From narration of the prosecution made by the father of the victim, it is apparent that he had received information from the local police station in
Patna High Court CR. MISC. No.24029 of 2021(2) dt.03-12-2021 2/3 whose jurisdiction matrimonial home was located, that his daughter has died by hanging. The interpretation that it was a murder has been made solely on suspicion by the informant. The husband of the victim girl is already in custody. The petitioner has been implicated only by virtue of his relationship and suspicion. Having no criminal antecedents, he is in custody since 01.09.2020.
Learned APP for the State has opposed the prayer for bail.
Considering the rival submission as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.
Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the court of learned A.C.J.M.-IV, Patna City, in connection with Malsalami P.S. Case No.206 of 2020, subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as
Patna High Court CR. MISC. No.24029 of 2021(2) dt.03-12-2021 3/3 to how he is related with the petitioner.
The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T