Lakhindra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38138 of 2021 Arising Out of PS. Case No.-266 Year-2020 Thana- KALYANPUR District- East Champaran ====================================================== LAKHINDRA SAH S/o- Late Chalitre Sah Resident of Village- Bahalolpur, P.S.- Kalyanpur, District- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Adv For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in connection with Kalyanpur P.S. Case No. 266 of 2020 registered under Sections 304B, 201/34 of the Indian Penal Code. Informant's daughter has been done to death for non-fulfillment of demand for dowry at her matrimonial home by her in-laws, as per allegation made in the FIR.

Patna High Court CR. MISC. No.38138 of 2021(2) dt.14-12-2021 2/3 Learned petitioner's counsel submits that his name has emerged in the investigation, for the fact that he attended the funeral, being cousin father-in-law of the victim. Since 28.01.2021, the petitioner is stated to be in custody and having no criminal antecedents.

Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-IX, East Champaran, Motihari in Kalyanpur P.S. Case No. 266 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on

Patna High Court CR. MISC. No.38138 of 2021(2) dt.14-12-2021 3/3 each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T