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Patna High CourtCR. MISC./26172/2024allowed

Lalan Kumar @ Lalan Das @Lalan Kumar Das v. The State Of Bihar

2024-07-31Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26172 of 2024 Arising Out of PS. Case No.-198 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== Lalan Kumar @ Lalan Das @ Lalan Kumar Das Son of Late Kangali Das Village -Mahammadganj Ward No 05, P S- Chhatapur, Distt -Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kishore Bharti, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Chhatapur (Rajeshwari O.P) P.S. Case No.198 of 2023 instituted under Section 302/34 of the Indian Penal Code.

3. As per prosecution case, the informant got information that his daughter has been murdered in her matrimonial house thereafter he along with his family members reached there and found the dead body of his daughter lying in courtyard and none of the in-laws family of the deceased was present there. It is alleged that the villagers narrated that since five months the husband of the deceased (petitioner), Bilachhan Das, Bhuneshwari Devi and Mukesh Das were quarreling and torturing his daughter and on 16.06.2023 the deceased was

Patna High Court CR. MISC. No.26172 of 2024(3) dt.31-07-2024 2/3 assaulted by accused persons causing her death.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The marriage of the deceased was solemnized with the petitioner in the year 2014 and there was cordial relation between them and they have blessed with three offspring. No injury was found on the person of the deceased. At the time of occurrence, the petitioner was working in the field and the witnesses have stated that the victim committed suicide when her mobile was taken by the petitioner. There is nothing material against the petitioner. There was neither any motive nor anyone has seen the occurrence and the allegation is based on suspicion which has no basis. The petitioner has no criminal antecedent and he undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner 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 learned A.C.J.M. V, Supaul in

Patna High Court CR. MISC. No.26172 of 2024(3) dt.31-07-2024 3/3 connection with Chhatapur (Rajeshwari O.P) P.S. Case No.198 of 2023 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T