Sanjeev Kumar @ Sanjeet Kumar @ Bhola v. The State Of Bihar

Patna High Court Cr.Misc. No.14555 of 2016 (3) dt.22-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14555 of 2016 Arising Out of PS.Case No. -19 Year- 2015 Thana -KATRAHA District- VAISHALI(HAJIPUR) ======================================================

1. Sanjeev Kumar @ Sanjeet Kumar @ Bhola son of Ramchandra Rai, resident of Village- Chandwara, Police Station- Kartaha, District- Vaishali (Hajipur). .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Singh For the Opposite Party/s : Mr. Arun Kr.Singh 5(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-06-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Kartaha P.S. Case No. 19 of 2015 registered for the offences punishable under Sections 304-B and 201/34 of the Indian Penal Code. Shobha Kumari, the sister of the informant was married to the petitioner on 31.05.2010 and allegedly, due to nonfulfillment of demand of dowry by way of motorcycle, she was being tortured and ultimately she was killed by the petitioner and other in-laws and her dead body was also made traceless. Submission is of false implication and that there was cordial relation between the petitioner and his wife, the wife of the petitioner was suffering from epilepsy and she was treated by the doctor also vide annexure-3. The cremation was done after informing the informant and his family members and the

Patna High Court Cr.Misc. No.14555 of 2016 (3) dt.22-06-2016 informant after realizing the truth, has filed compromise petition in the learned court below also regarding innocence of the petitioner vide annexure-2 and, as such, the petitioner deserves sympathetic consideration to which the learned APP submits that now the informant is retracting from his earlier version. In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Vth Vaishali at Hajipur in connection with Kartaha P.S. Case No.

19 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T