Lalbihari Patel @ Lal Bihari Patel @ Bihari Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78985 of 2023 Arising Out of PS. Case No.-355 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Lalbihari Patel @ Lal Bihari Patel @ Bihari Raut Son Of Prahlad Patel R/O Village- Raidhurwa, P.S.-Manuapul O.P., Dist.- West Champaran ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code, however, charge-sheet has been submitted under Sections 306, 201, 34 of the Indian Penal Code.

It is a case of commission of murder of the daughter of the informant by all her in-laws family members including the petitioner for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been

Patna High Court CR. MISC. No.78985 of 2023(2) dt.13-12-2023 2/3 implicated in this case. The petitioner is brother-in-law of the deceased. The marriage of the co-accused with the deceased was performed ten years prior to the occurrence and during the entire period, no complaint was registered either by the deceased or her family members against the petitioner. After investigation, the police submitted charge under Sections 306, 201, 34 of the Indian Penal Code. Similarly situated co-accused who is also husband of the deceased has already been granted bail by this Court vide order dated 06.12.2023 passed in Cr. Misc. No. 60913 of 2023. The petitioner is in custody since 09.09.2023. A statement has been made in para 3 of the petition that petitioner has clean antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail. Considering the facts aforesaid and the period under custody, let the petitioner, above 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, Bettiah, West Champaran in connection with Bettiah Muffasil

Patna High Court CR. MISC. No.78985 of 2023(2) dt.13-12-2023 3/3 (Manuapul) P.S. Case No. 355 of 2023.

(Sunil Kumar Panwar, J) manishkumar/- U T