Patna High CourtCR. MISC./26363/2024partly allowed disposal

Lallu Kumar v. The State Of Bihar

2024-08-27Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26363 of 2024 Arising Out of PS. Case No.-486 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== 1.

LALLU KUMAR S/O UDAY SHANKAR SINGH @ UDHO R/O VILLAGE- KUTAUT, P.S- BARBIGHA, DISTT.- SHEIKHPURA. 2.

UDAY SHANKAR SINGH @ UDHO S/O LATE RAM SHARAN SINGH R/O VILLAGE- KUTAUT, P.S- BARBIGHA, DISTT.- SHEIKHPURA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-08-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Barbigha P.S. Case No. 486 of 2023 dated 23.11.2023 registered for the offences punishable u/ss 498A, 302, 201 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have killed the informant's sister due to non-fulfillment of demand of Rs. five lakhs.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.26363 of 2024(3) dt.27-08-2024 2/3 implicated in this case. The petitioner no. 1 is the husband and the petitioner no. 2 is the father-in-law of the deceased. There is general and omnibus allegation against the petitioners. The petitioners neither demanded any dowry nor tortured the deceased. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners and stated that the petitioner no. 1 is the husband of the deceased.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner no. 2 above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sheikhpura in connection with Barbigha P.S. Case No. 486 of 2023.

7. The application for the petitioner no. 2, namely, Uday Shankar Singh @ Udho stands allowed.

8. So far as, the petitioner no. 1, namely, Lallu Kumar, is concerned, considering the heinous nature of allegation made against him, I am not inclined to enlarge the petitioner no. 1,

Patna High Court CR. MISC. No.26363 of 2024(3) dt.27-08-2024 3/3 namely, Lallu Kumar, on bail.

9. Accordingly, the application regarding the petitioner no. 1, namely, Lallu Kumar, stands rejected. (Chandra Prakash Singh, J) guddukr/- U T