Lallu Kumar @ Lalu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85670 of 2024 Arising Out of PS. Case No.-17 Year-2023 Thana- SIKANDRA District- Jamui ====================================================== Lallu Kumar @ Lalu Kumar S/O Nandeshwar Sharma @ Nandkishor Mistri Resident of Village- Ramsagar, P.S- Sikandra, District- Jamui.... . Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amar Prakash, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-01-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Sikandra P.S. Case No. 17 of 2023, registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code.

3. The allegation against petitioner is to commit murder of daughter of the informant alongwith other coaccused persons/family members due to non-fulfillment of demand of dowry, which was raised for a motorcycle.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner implicated falsely with present case only being family member, as he is the brother-

Patna High Court CR. MISC. No.85670 of 2024(2) dt.28-01-2025 2/3 in-law (devar) of the deceased. It is submitted that the allegation against petitioner is very much general and omnibus in nature and the factual part of this case reflects that the deceased was suffering from mental disorder and unfortunately on the alleged date of occurrence when no family members were present at house, she committed suicide. It is also pointed out that there is no allegation of demand of dowry soon before the occurrence and moreover, being brother-in-law (devar), the petitioner living separately with deceased and her husband much prior to the occurrence having prima facie no connection with their daily and domestic affairs. While concluding argument, it is submitted that petitioner is a man of clean antecedent and, moreover, similarly situated co-accused persons/family members, who are in-laws were granted anticipatory bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 49698 of 2023 dated 12.02.2024.

5. Learned APP opposes the prayer of bail but could not disputed the factual submission as advanced by learned counsel for the petitioner.

Patna High Court CR. MISC. No.85670 of 2024(2) dt.28-01-2025 3/3

6. Considering the aforesaid facts and circumstances and by taking note of fact as the petitioner is brother-in-law (devar) of deceased, facing general and omnibus allegation, coupled with the fact that similarly situated co-accused persons already granted anticipatory bail by one of the learned co-ordinate Bench of this Court, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Jamui/concerned Court, where the case is pending in connection with Sikandra P.S. Case No. 17 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T