Lambu Rajak @ Lambu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30493 of 2024 Arising Out of PS. Case No.-241 Year-2023 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Lambu Rajak @ Lambu Kumar Son of Ram Bahadur Rajak @ Bahadur Rajak Resident of Village- Diha Haidar Chowk, P.S.- Sahebpur Kamal, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Bhusan Poddar, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP For the Informant :

Mr. Vinod Kumar Seth, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sahebpur Kamal P.S. Case No. 241 of 2023, instituted for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons demanded dowry and due to non-fulfilment of dowry they murdered the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that the petitioner is husband of the deceased and was not present at

Patna High Court CR. MISC. No.30493 of 2024(7) dt.24-10-2024 2/2 the place and time of occurrence. It is further submitted that the daughter of the informant committed suicide by her own. It is pertinent to mention that the postmortem report shows the cause of death due to asphyxia. There was no any dispute between the deceased and the petitioner. It is next submitted that the petitioner himself informed the informant about the alleged occurrence. The petitioner is in custody since 27.10.2023 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sahebpur Kamal P.S. Case No. 241 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T