IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23189 of 2008 LALAN SAH @ LAKHAN SAH & ORS Versus THE STATE OF BIHAR ----------- 3. 19.09.2008 Heard the learned counsel for the petitioner and the State. The petitioners are apprehending their arrest in connection with Complaint Case NO. 621 of 2005 for the alleged offences registered under sections 323, 452, 376, 304 and 120B of the Indian Penal Code. It is submitted that in this case cognizance has been taken under Section 304 and 120B of the Indian Penal Code against the petitioner. It is further submitted that the present complaint has been lodged for ulterior purpose. It is further submitted that the first statement of the complainant was registered as U.D. case no. 7 of 2005 on 28th of November 2005, thereafter, the police after making enquiry registered a case under Section 306 of the Indian Penal Code on 2nd of January 2006 vide Nasirganj P.S. case No. 1 of 2006 against one accused namely Rupak Kumar @ Hiro who is the accused no.1 in the complaint in question (Annexure-1) and upon investigation police - 2 - submitted the charge sheet against him. Petitioners were not accused in any stage of the said case as well as the U.D. Case. In the aforesaid U.D. case, the complainant stated that her daughter died accidentally on account of fire while preparing tea. No one is responsible for her death. After giving a second thought the present complaint has been filed alleging that this petitioners accosted the accused no.1 namely Rupak Kumar @ Hiro for putting the daughter of the informant on fire as she would implicate all of us. Learned counsel for the State in the above circumstances submits that the allegations against these petitioners are also in the complaint to the effect that they accosted the other co-accused on which the accused Santosh is not the petitioner here to put the daughter of the informant on fire. Considering the submissions, as noticed above, it is directed that the petitioners, namely, Lalan Sah @ Lakhan Sah, Laddu Kumar @ Nitesh Kumar and Suresh Gupta in the event of his arrest or surrender in connection with Complaint Case No. 621 of 2005, - 3 - within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Bikramganj, Rohtas in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)