Laloo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20725 of 2019 Arising Out of PS. Case No.-179 Year-2018 Thana- DEWARIA District- Muzaffarpur ====================================================== LALOO KUMAR, aged about 25 years, Son of Dinesh Rai, Resident of Village- Deoriya Mehandiganj, P.S.- Deoriya, District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Krishna Prasad Singh, Sr. Advocate and Mrs. Bela Singh, Advocate.

For the Opposite Party :

Mr.Ram Sumiran Rai, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 22.12.2018 in a case for the offence registered under Sections 328 and 307/34 of the IPC. Later on, Section 302 of the IPC was also added.

The prosecution story, in brief, is that on 19.12.2018, the son of informant Rajkaran Singh was taken away by the petitioner Laloo Kumar. She has further alleged that when her son did not return back till night she started searching him. In the morning of 20.12.2018 on information she went to Ma Janki Hospital, Muzaffarpur, where the petitioner also reached there then she caught him and handed over to the police. She has further alleged that there was illicit relation between petitioner and the wife of deceased and due to this, illicit relation of

Patna High Court CR. MISC. No.20725 of 2019(4) dt.13-08-2019 2/2 petitioner with her daughter-in-law, the petitioner administered poison in the wine to her son.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is a case of last seen. Except for this, there is no substantive evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Muzaffarpur, in connection with Deoriya P.S. Case No. 179 of 2018, G.R. No. 4322 of 2018.

(Sudhir Singh, J) U.K./- U T