Lalji Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54098 of 2023 Arising Out of PS. Case No.-148 Year-2020 Thana- LAURIA District- West Champaran ====================================================== Lalji Ram S/O Sri Mukhi Ram R/O Village- Sitapur, Ps. Lauriya, Dist. West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sagar Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that on 20.9.2020, his daughter went to attend the nature's call but did not return. Thereafter, the informant came to that her daughter was hung in the orchard of mango towards west side of the village. The informant raised suspicion against the FIR named accused persons including that petitioner stated therein, that they committed murder of his daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is brother of the main accused namely, Yogendra Ram

Patna High Court CR. MISC. No.54098 of 2023(3) dt.09-10-2023 2/2 @Sunil who used to talk with the deceased and due to which, he has falsely been implicated in this case. No one is eye witness of the alleged occurrence. During course of investigation, no any consistent evidence has come against the petitioner. He has got no criminal antecedent as stated in para-3 of the bail petition. The petitioner has sou-moto surrendered on 14.2.2022 and since then, he is languishing in judicial custody.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the postmortem report shows the cause of death of the deceased is Asphyxia due to strangulation.

6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Lauriya P.S. Case No. 148 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-X, West Champarant at Bettiah.

(Sunil Kumar Panwar, J) Amandeep/- U T