Lalbarti Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32459 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -CHAND District- BHABHUA (KAIMUR) ====================================================== Lalbarati Singh, Son of Late Baijnath Singh, R/o Village- Bahadura, P.S. Chand, Distt.- Kaimur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mahesh Prasad Singh, Advocate For the informant : Mr. Prabhakar Singh, Advocate. Mr. Ranjay Kumar Patel, Advocate.

For the State : Mr. Ganesh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-07-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Chand P.S. Case No. 60 of 2017 instituted for the offence under Sections 467, 468, 469, 471, 472, 365, 120(B), 34 and 420 of the Indian Penal Code. It is alleged in the written report that father of the informant used to live with this petitioner who is son-in-law of the deceased. It is further alleged that informant went to village of this petitioner to meet his father and, then, petitioner told that his father is traceless since 20.2.2017. Thereafter, the informant started making search with his brothers and got knowledge that this petitioner got a sale deed executed in his favour by his father for lands of village Madurna and other villages as mentioned in

Patna High Court Cr.Misc. No.32459 of 2017 (3) dt.31-07-2017 2/2 the written report and has kidnapped his father with the help of co-accused Rinku Singh.

The counsel for the petitioner has submitted that not a single deed has been executed by the father of the informant in his favour. He was in fact, used to live with him since he did not prefer to live with his sons i.e. the informant and his brothers. It has further been submitted that as per latest law wife of the petitioner has a share in the property of her father and, therefore, there will be no any motive on the part of this petitioner to kidnap the father of the informant.

From the written report it appears that mere suspicion has been raised against the petitioner.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur (Bhabhua) in connection with Chand P.S. Case No.60 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T