Lalan Singh @ Lalan Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6223 of 2015 Arising Out of P. S. Case No. -100 Year- 2014 Thana -SINGHIYA DistrictSAMASTIPUR ====================================================== Lalan Singh @ Lalan Prasad Singh Son of Late Ravindra Narayan Singh resident of village - Bishunpur Diha, P.S. Singhiya, District - Samastipur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md.Imteyaz Ahmad, Adv. For the Opposite Party/s : Mr. Ashok Kumar Singh-1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 21-04-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 328, 304-B/34 of IPC. Allegation is that due to non-fulfilment of demand of dowry the accused including the petitioner had administered poison to the deceased and no information was given to the informant. Later on, when the deceased was taken to the hospital, she succumbed to the injuries there.

It is submitted that there is no specific allegation of overtact against the petitioner and there is no reason as to why the petitioner would administer poison to the deceased. The deceased might have taken some poisonous substance due to dispute between the deceased and her husband. The petitioner is the father-in-law of the deceased. However, after investigation, charge-sheet has already been submitted and there is no chance of

Patna High Court Cr.Misc. No.6223 of 2015 (3) dt.21-04-2015 2/2 tampering with the witnesses. The husband of the deceased is already in custody. The petitioner has also a criminal antecedent in which he is on bail.

Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Rosera (Samastipur)/ court concerned in Singhiya P. S. Case No. 100 of 2014 after framing of charge with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T