Patna High CourtCR. MISC./51459/2017bail granted

Lakhan Kumar v. The State Of Bihar

2017-12-07Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51459 of 2017 Arising Out of PS.Case No. -285 Year- 2017 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Lakhan Kumar S/o Kanahi Sahni @ Kanhaiya Choudhary, R/o VillageMadhopur, Mallahi Tola, P.S.- Mahjaullia, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-12-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Majhaulia P.S. Case No. 285 of 2017 dated 21.07.2017 instituted for the offence under Section 306 of the Indian Penal Code. The petitioner is in custody since 22.07.2017. It has been alleged by the father-in-law of the deceased that because of the deceased being exposed for her having an illicit relationship with the petitioner, she has committed suicide. On the day of the occurrence, the deceased was found in an objectionable position with the petitioner which was witnessed by some of the persons of the family and others. This led the deceased to commit suicide. The petitioner is not alleged to have done anything except for having been seen in an objectionable

Patna High Court Cr.Misc. No.51459 of 2017 (3) dt.07-12-2017 condition with the deceased.

Learned counsel for the petitioner has submitted that assuming every allegation in the FIR to be true, no offence under Section 306 of the Indian Penal Code can at all be said to have been made out.

Taking into account the nature of accusation and the period of custody, this Court is inclined to grant bail to the petitioner.

In the facts and circumstances, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 285 of 2017.

(Ashutosh Kumar, J) KKSINHA/- U T