Lakshuman Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31169 of 2022 Arising Out of PS. Case No.-235 Year-2021 Thana- DINARA District- Rohtas ====================================================== 1.

LAKSHUMAN SINGH S/o Late Rekha Singh 2.

AJEET KUMAR S/o Lakshuman Singh Both are Resident of Village - Jamrodh, Police Station- Dinara, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offence punishable under Sections 304(B)/201,120(B),34 of the Indian Penal Code.

Allegation is that the accused persons caused death of the daughter of the informant due to non-fulfilment of demand of dowry.

Learned counsel appearing for the petitioners submits

Patna High Court CR. MISC. No.31169 of 2022(2) dt.25-08-2022 2/3 that the petitioners have clean antecedent and they have falsely been implicated in the present case only on the basis of suspicion. Further submits that in fact the petitioner No.1 is father-in-law and petitioner No.2 is brother-in-law of the deceased and it appears from the FIR that there is general and omnibus allegation against these petitioners and specific allegation of murder is not attributed against these petitioners and the police, after investigation, submitted chargesheet against the petitioners and the petitioners are in custody since 02.12.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.Tr.No.80 of 2022 (arising out of Dinara P.S. Case No.235 of 2021), with the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and

Patna High Court CR. MISC. No.31169 of 2022(2) dt.25-08-2022 3/3 on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T