Lalan Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.1476 of 2017 (4) dt.27-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1476 of 2017 Arising Out of PS.Case No. -47 Year- 2016 Thana -CHAURI District- BHOJPUR ====================================================== Lalan Singh, son of Late Motilal Singh, resident of village - Dhanawti, Police Station - Charpokhari, in the district of Bhojpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar, Advocate. For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Chauri P.S. Case No. 47 of 2016, registered under Sections 302 and 201 of the Indian Penal Code, pending in the court of Additional Chief Judicial Magistrate-XII, Ara. On recovery of female dead body, aged about 19 years, Chauri P.S. Case No. 47 of 2016, was instituted against unknown on the basis of Fradbeyan of Choukidar, Lal Mohar Singh.

Learned counsel for the petitioner submits petitioner being father of the deceased has falsely been implicated in this while the deceased was at her Sasural.

Patna High Court Cr.Misc. No.1476 of 2017 (4) dt.27-02-2017 Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner with submission that Dhaneshwar Kumar, husband of the deceased, has stated that his wife was taken by his brother-in-laws, son of the petitioner, at their house on assurance that they will keep his wife properly and the deceased assured that she will return on next day but when he went to the railway station to receive his wife then, in the way, he was assaulted by the sons of the petitioner and thereafter the dead was recovered, which would appear from paragraph 28 of the case diary.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T