Laloo Sah @ Lalau Sah @ Prashant Sah @ Rameshwar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23924 of 2022 Arising Out of PS. Case No.-164 Year-2019 Thana- DEWARIA District- Muzaffarpur ====================================================== Laloo Sah @ Lalau Sah @ Prashant Sah @ Rameshwar Sah S/o Rakatu Sah R/o Village- Balia, P.S.- Deoria, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aditya Narayan Singh, Advocate.
For the Opposite Party/s :
Mr. Ramchandra Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-08-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Heard Mr. Aditya Narayan Singh, learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
The application for grant of bail to the petitioner, above named, who has been made accused and put behind the bar in connection with Deoria P. S. Case No. 164 of 2019 registered for the offences punishable under Sections 304 (B), 201 read with 34 of the Indian Penal Code and Section 3/4 Dowry Prohibition Act.
As per the prosecution case, it is alleged that the marriage of the daughter of the informant was solemnized with
2/4 one Vikash Kumar in the year 2019. Thereafter, she was subjected to torture for demand of dowry. On 11.11.2019, the informant received an information that his daughter was done to death for non-fulfilment of demand of dowry.
Learned counsel appearing on behalf of the petitioner submitted that the petitioner is a co-villager of the husband of the deceased and he has no concern with the family members of the deceased. It is further submitted that there is general and omnibus allegation against all the persons and no specific allegation has been levelled against him. It is next submitted that the father-in-law and mother-in-law of the deceased had already been granted bail by this Hon'ble Court in Cr. Misc. No. 3612 of 2021 vide order dated 22.07.2021. A copy of which has been annexed as annexure 2 to this application. It is lastly submitted that the petitioner is a man of fair antecedent and is in custody since 26.09.2021, though after conclusion of the investigation, the charge sheet has been submitted On the other hand, learned APP for the State opposes the bail application and submits that the petitioner is named in the F.I.R. and there is allegation that he was also involved in commission of the crime.
Having considered the submissions made on behalf
3/4 of the parties and taking into account the fact that the petitioner is a co-villager and he has no concern with the family members of the husband of the deceased and moreover, the father-in-law and mother-in-law of the deceased have already been granted bail by this Hon'ble Court and further, the petitioner is in custody since 26.09.2021, having a man of fair antecedent, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 20th, Muzaffarpur in connection with Deoria P. S. Case No. 164 of 2019, subject to the condition that one of the bailors will be the close relative of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.
(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will
4/4 liable to be cancelled.
(Harish Kumar, J) shakir/- U T