Jawahar Kebat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73794 of 2023 Arising Out of PS. Case No.-217 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== JAWAHAR KEBAT S/O CHHOTELAL KEBAT VILLAGECHAROKHARA, PS. AND DIST. LAKHISARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mayank Bilochan, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-03-2024 Heard learned counsel for the parties.
2. The petitioner seeks regular bail in connection with Lakhisarai P.S. Case No. 217 of 2023 registered for the offence under Section 302 / 34 of IPC.
3. As per the prosecution case, the marriage of the informant's daughter has been solemnized 15 years ago with the accused petitioner Jawahar Kebat and from the said wedlock four children have been born, namely, two son and two daughters. It is further alleged that the accused petitioner demanded of rupees from the daughter of the informant for purchasing tractor. It is further alleged that the informant gave Rs. 2 Lakh to his son-in-law. It is further alleged that after one year when the informant asked for his borrowed money from his son-in-law then he refused to pay the amount and also started
Patna High Court CR. MISC. No.73794 of 2023(4) dt.13-03-2024 2/3 torturing the informant's daughter. On 20.03.2023 at about 6:00 in the morning the informant received information that his daughter was strangulated by the accused persons, namely, Jawahar Kebat, Paro Devi, Chotelal Kebat, Chota Kebat, Manoj Kebat, Ranjit Kebat and Rinku Devi.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to suspicion and village politics. He is custody since 21.03.2023.
5. However, learned APP for the State vehemently opposed the prayer for regular bail.
6. On perusal of the FIR and case diary, it appears that FIR was registered under Section 302 / 34 of IPC against seven accused persons including the petitioner. After perusal of the science laboratory examination report and post mortem report which was conducted by the doctor some injury was found i.e. abrasion mark on neck but not ascertained the cause of death. On perusal of the FSL report it is examined that no Metallic, Alkaloidal, Glycosidal, Pesticidal or Volatile poison was detected in the contents of each plastic jars. Considering the aforesaid facts and circumstances of the case and also taking into account the period of custody, let the petitioner, above
Patna High Court CR. MISC. No.73794 of 2023(4) dt.13-03-2024 3/3 named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai P.S. Case No. 217 of 2023.
(Ramesh Chand Malviya, J) saurabhkr/- U T