Lalkun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30910 of 2020 Arising Out of PS. Case No.-42 Year-2020 Thana- PARBATTA District- Khagaria ====================================================== LALKUN SINGH, aged about 30 years (Male), S/o Lakhan Singh, R/o Village-Karna, P.S.-Parbatta, District-Khagaria. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Binod Kumar, Advocate.

For the Opposite Party :

Mr. Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Section 304 of the I.P.C.

The prosecution story, in brief, is that on 03.02.2020 at about 11.30 A.M., the father of the informant arrived at the house of the informant to mediate family dispute in between the

Patna High Court CR. MISC. No.30910 of 2020(2) dt.25-11-2020 2/3 wife and husband. When the father of the informant was mediating the domestic dispute of the informant and her husband then Lalkun Singh (petitioner) pushed the father of the informant and he fell down on the earth. Thereafter, the deceased was brought to the Hospital Parbatta where he died during his treatment.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 04.02.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. For a petty reason, the alleged dispute took place between the daughter and son-in-law of the deceased. The petitioner had no intention to cause death of the victim. From perusal of the F.I.R. itself, it is evident that at best, it is a case for an offence under Section 304 Part-II of the I.P.C.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two

Patna High Court CR. MISC. No.30910 of 2020(2) dt.25-11-2020 3/3 sureties of the like amount each to the satisfaction of the learned A.C.J.M. Ist, Khagaria, in connection with Parbatta P.S. Case No. 42 of 2020, G.R. No. 353/2020.

(Sudhir Singh, J) U.K./- U T