Lakhendra Ram @ Lakhendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72543 of 2023 Arising Out of PS. Case No.-119 Year-2023 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== 1.
LAKHENDRA RAM @ LAKHENDRA KUMAR S/O SRI ISHARU RAM VILLAGE- DHARAMPUR, PS. SIWAIPATTI, DIST. MUZAFFARPUR 2.
HARENDRA RAM S/O SRI ISHARU RAM VILLAGE- DHARAMPUR, PS. SIWAIPATTI, DIST. MUZAFFARPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Ranjan, Adv For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-07-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Siwaipatti P.S. Case No. 119 of 2023 registered under Sections 304(B), 201/34 of the Indian Penal Code lodged on 13.06.2023 by the informant, Fulangen Ram.
3. As per the prosecution story, the informant alleged that his daughter was married to Devendra Ram and the couple was blessed with a child. However, she was always tortured for dowry and on the fateful day, the daughter telephonically informed about her ill-health as they rushed to her in-law's house did not saw anyone their and came to know that she has
Patna High Court CR. MISC. No.72543 of 2023(5) dt.19-07-2024 2/3 been killed. Accordingly the FIR.
4. Learned counsel for the petitioner submits that admittedly, the marriage took place with Devendra Ram, they are brothers, living separately and there is no allegation of demand on their part, are ready to face the trial.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail and the allegation is their against all of them.
6. Taking into account the fact that these petitioners are brothers, the husband Devendra Ram failed to take care of the wife, allegation is there against them, FIR lodged, they will be facing the trial, this Court is inclined to grant them privilege of anticipatory bail.
7. Let the petitioners, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate (East) Muzuffarpur in connection with Siwaipatti P.S. Case No. 119 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family
Patna High Court CR. MISC. No.72543 of 2023(5) dt.19-07-2024 3/3 member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of their bail bonds;
(v) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T