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Patna High CourtCR. MISC./7087/2024bail granted

Sanny Kumar @ Sanny Kumar Yadav v. The State Of Bihar

2024-02-17Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7087 of 2024 Arising Out of PS. Case No.-630 Year-2023 Thana- GARDANIBAG District- Patna ====================================================== Sanny Kumar @ Sanny Kumar Yadav Son Of Bhim Yadav @ Bhim Kumar Yadav R/V Resident Of Village- Chukti (Khagaria), P.S - Mansi, DistKhagaria At Prsent Residing At Bhagwan Kailash Apartment, Flat No. 109, Jakkanpur, Ps- Gardanibagh, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Thakur, Adv For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Gardanibagh P.S. Case No. 630 of 2023, lodged on 06.09.2023 under Sections 304(B), 34 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against six named accused persons including the present petitioner. As per the FIR, the petitioner is the husband against whom there is an allegation that he along with his family members have killed the sister of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that it is not the case of dowry death, rather, it is a case of suicide and it is due to this reason, charge-sheet has been

Patna High Court CR. MISC. No.7087 of 2024(2) dt.17-02-2024 2/2 filed after investigation under section 306 of the IPC and the cognizance has also taken under section 306 of the IPC. Counsel further submits that the antecedent of the petitioner is clean he is in custody since 07.09.2023.

5. Upon specific query of the Court from the counsel for petitioner that whether charge has been framed in this case or not, counsel submits that as per his knowledge, charge has not been framed in this case.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above considering the antecedent of the petitioner, let the petitioner above named be granted bail, but only after framing of charge on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna in connection with Gardanibagh P.S. Case No. 630 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T