Lakhan Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63828 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== LAKHAN ROY Son of Bawan Roy @ Bauanji Roy Resident of Village and P.S.- Ghanshyampur, Distt - Darbhanga.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Krishna Kumar, Advocate.
For the Opposite Party:
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 12.06.2019 in connection with Ghanshyampur P.S. Case No. 66 of 2019 (G.R. No. 229 of 2019) for the offences alleged under Sections 498A/302/34 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated in connection with death of the informant's daughter, merely because he happens to be father-in-law of the deceased. The accusations are general and omnibus against the accused persons including the petitioner and no specific overt act has been attributed to the petitioner. As a matter of fact, the informant's daughter sustained burn injuries while preparing tea as stated by her earlier in her initial version. Similarly situated co-accused Bharti Devi and Vevekanand Rai have been granted anticipatory bail by this Court in Cr. Misc. No. 58428 of 2019. The petitioner is a man of advanced age of about 76 years claiming clean antecedents.
Patna High Court CR. MISC. No.63828 of 2019(2) dt.04-12-2019 2/2
4. Be that as it may, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Biraul, District- Darbhanga, in connection with Ghanshayampur P.S. Case No. 66 of 2019 (G.R. No. 229 of 2019), on the following conditions- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Ibrar//- U T