Lalan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1503 of 2023 Arising Out of PS. Case No.-565 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
LALAN SAH SON OF LATE KHIRODHAR SAH R/O VILL.- JAUKATIYA, P.S.- MAJHAULIA, DISTT.- WEST CHAMPARAN 2.
KALAWATI DEVI @ BACHANI DEVI @BACHHI DEVI WIFE OF LALAN SAH R/O VILL.- JAUKATIYA, P.S.- MAJHAULIA, DISTT.- WEST CHAMPARAN 3.
UMESH SAH SON OF CHANDRIKA SAH R/O VILL.- JAUKATIYA, P.S.- MAJHAULIA, DISTT.- WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Shrivastava For the Opposite Party/s :
Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2023 Heard learned counsel for the petitioners as well as learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304B, 201, 34 of the Indian Penal Code.
3. Petitioners along with other co-accused persons are said to have committed murder of the daughter of the informant on the pretext of non-fulfillment of demand for dowry.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such
Patna High Court CR. MISC. No.1503 of 2023(3) dt.25-07-2023 2/3 occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The petitioners are the in-laws and co-villager of the deceased and there is no specific overt act against them. He submits that the husband of the deceased is already in judicial custody. Petitioner no.1 has one criminal antecedent whereas petitioner no.2 and 3 have no criminal antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case as the husband of the deceased is already in judicial custody, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Majhaulia P.S. Case No.565 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. However, learned Court below is directed to accept the
Patna High Court CR. MISC. No.1503 of 2023(3) dt.25-07-2023 3/3 bail bond of the petitioners after verifying that whether the husband of the deceased is in judicial custody or not. (Anjani Kumar Sharan, J) shikha/- U T