Rajdeo Singh @ Lallu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57964 of 2021 Arising Out of PS. Case No.-404 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== RAJDEO SINGH @ LALLU SINGH S/o Late Raghu Bansh Singh R/o village- Mishripur, P.S.- Sasaram (M), District- Rohtas at Sasaram at PresentResident of Mohalla- Jagjeewan Ashram, Sasaram, Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghunandan Kumar Singh For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sasaram (M) P.S. Case no. 404 of 2020 instituted for the offence under Section 306 of the Indian Penal Code. It is a case of abatement for committing suicide. As per allegation in the FIR, there was a joint family business of mills of flour, oil and spice of which petitioner and informant are the partners. On demand of share of income made by the informant's brother, several partners including the petitioner refused to give his share money and they threatened to face dire consequence. They also abate the informant's brother that why
Patna High Court CR. MISC. No.57964 of 2021(3) dt.16-05-2022 2/3 you do not commit suicide due to which informant's brother was passing through mental agony and on 29.12.2020, he committed suicide by hanging.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. General and omnibus allegations have been levelled against het petitioner. Petitioner had already filed a information petition against he deceased and his family members before learned Chief Judicial Magistrate, Rohatas at Sasaram on 17.8.2020. Deceased was suffering from depression as he wants to marriage with the informant's sister-in-law against her parent's wish. Partition between the parties have already decided on 2.9.2001 before the learned Consolidation Officer Sasaram, Rohtas. From perusal of the impugned order, it is also clear that doctor, who had conducted post mortem of the deceased has found the cause of death due to Asphyxia by hanging.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner
Patna High Court CR. MISC. No.57964 of 2021(3) dt.16-05-2022 3/3 is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sasaram (M) P.S. Case no. 404 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U