Lakhi Chand Ram @ Lab Chand Ram @ Lak Chand Ram And Others v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39036 of 2020 Arising out of P.S. Case No. 214, year- 2020, Thana Chakia, District East Champaran ======================================================
1. Lakhi Chand Ram @ Lab Chand Ram @ Kak Chand Ram, aged about 62 years, Male, son of Late Makhan Ram.
2. Rima Kuar aged about 50 years, Female, wife of Bahadur Ram.
3. Kanti Devi aged about 40 years, Female, wife of Kapil Ram,
4. Rinku Devi, aged about 30 years, female, wife of Chutun Ram, all are residents of village- Parsauni Khem, P.S. Chakia, District East Champaran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opp. Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Adv. For the Opp. Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-06-2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel for the petitioners and Shri Chandra Bhushan Prasad, the learned APP appearing for the State.
The petitioners apprehend their arrest in connection with Chakia P.S. Case No. 214 of 2020 for the offence punishable under sections 304(B), 201, 34 of the Indian Penal Code.
The allegation is regarding the accused persons
having killed the deceased victim lady on account of nonfulfilment of the demand for dowry. The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and are having a clean antecedent. It is submitted that the petitioner no. 1 is the grand father-in-law of the deceased victim lady and the petitioners no. 2 to 4 are the cousin sister-in-law of the deceased victim lady and were living separately from the deceased victim lady and her husband at the time of the alleged occurrence. It is further submitted that the husband of the deceased victim lady is already in custody, hence no prejudice would be caused if the petitioners are granted the privilege of anticipatory bail.
Per contra, the learned APP appearing for the State, Shri Chandra Bhushan Prasad, has vehemently opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the Ld. Counsel for the parties and taking into account the materials available on record as also the fact that the husband of the deceased victim lady is already in custody and a bare perusal of the FIR does not depict any specific allegation to have been levelled qua the petitioners herein, I deem it fit and proper to admit the
petitioners herein to the privilege of anticipatory bail Accordingly, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, the petitioners, above-named, shall be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Chakia P.S. Case No. 214 of 2020, subject to the conditions as laid down under section 438(2) of the Cr. P.C. (Mohit Kumar Shah, J) Tiwary/-