Patna High CourtCR. MISC./30260/2024bail granted

Lallan Sah v. The State Of Bihar

2024-04-30Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30260 of 2024 Arising Out of PS. Case No.-538 Year-2023 Thana- BATHNAHA District- Sitamarhi ====================================================== Lallan Sah son of Late Balam Sah Village- Chakwa PS-Bathnaha District -Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Narain Chaudhary, Adv.

Mr. Vijay Kumar, Adv.

Mr. Brahmanand Kumar, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bathnaha P.S. Case No. 538 of 2023, G.R. No. 3166 of 2023 dated 17.12.2023 registered for the offences punishable u/s 304(B) and 201 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the coaccused person are alleged to have killed the informant's daughter due to non-fulfillment of demand of motorcycle as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the brother-in-law (bhaisur) of the deceased and he

Patna High Court CR. MISC. No.30260 of 2024(2) dt.30-04-2024 2/2 has been living separately since long and he has no concern with the family affairs of the deceased. The petitioner neither demanded any dowry nor tortured the informant's daughter. The husband of the deceased is already in custody. There is general and omnibus allegation against the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner 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, Sitamarhi in connection with Bathnaha P.S. Case No. 538 of 2023, G.R. No. 3166 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T