Lalan Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21912 of 2023 Arising Out of PS. Case No.-234 Year-2017 Thana- PIPRAKOTHI District- East Champaran ====================================================== Lalan Verma S/O Late Bachalal Verma @ Jainath Verma Resident Of VillageHariya Kushwaha, P.S.- Rewati, District- Balia (U.P.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 364, 120(B) and 201 of the Indian Penal Code.

Prosecution case in short, is that, one day the petitioner along with other co-accused persons came at the house of the complainant and told the husband of the complainant that they would offer a wage of Rs. 20,000/- if her husband comes with them and works in Tamil Nadu. Thereafter, on belief, the husband of the complainant went along with the accused persons to Tamil Nadu and started working there. After some months, there was no trace of her husband and after that complainant went to the house of the accused persons for

Patna High Court CR. MISC. No.21912 of 2023(3) dt.27-07-2023 2/3 inquiring about her husband whereabouts but the accused persons started abusing her. It is further alleged by the complainant that she was confident that co-accused persons in connivance with this petitioner committed murder and disappear the dead body of the husband of the complainant with intention to grab his money.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. It is further submitted that the complainant is not the eye witness of this case and the allegation against the petitioner is false and concocted. It is also submitted that neither the petitioner has any concern with the alleged occurrence nor any specific overt act has been attributed against him, only on the basis of suspicion he has been dragged in this case. The husband of the complainant is still traceless. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 24.01.2023.

Learned APP appearing for the state has vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.21912 of 2023(3) dt.27-07-2023 3/3 considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pipra Kothi P.S. Case No. 234 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari. (Sunil Kumar Panwar, J) Shubham/- U T