Patna High CourtCR. MISC./19773/2023bail granted

Sanjeet Kumar Choudhary v. The State Of Bihar

2023-07-12Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19773 of 2023 Arising Out of PS. Case No.-589 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== SANJEET KUMAR CHOUDHARY S/o Late Surender Chaudhary R/o Mohalla- Motipur, P.S.- Naubatpur, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Adv.

Mr.Shashi Shekhar Sharma For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-07-2023

1. Heard the parties.

2. Petitioner renews his prayer for regular bail in connection with Naubatpur P.S. Case No. 589 of 2019 dated 07-09-2019 registered under Sections 302 / 34 of the IPC inasmuch bail application of the petitioner was earlier rejected by this court on 09-05-2022 vide Cr. Misc. No. 38058 / 2021.

3. The allegation as per the First Information Report is that the daughter of the informant was married to the petitioner and the marriage was solemnized about 13 years back. It has further been alleged that petitioner used to continuously torture and assault the informant's daughter

Patna High Court CR. MISC. No.19773 of 2023(3) dt.12-07-2023 2/3 and on 07.09.2019 his daughter was killed by the petitioner and his mother.

4. Learned senior counsel for the petitioner submits that petitioner is in custody since 04.02.2020 and more than three years have passed but there is no substantial progress in the trial.

5. This court vide its order dated 26.04.2023 had called for a report from the court below regarding the present status of the trial and in pursuance thereof learned Successor Addl. District & Sessions Judge III, Danapur (Patna) has furnished the report vide letter no. 85 / dated 12-05-2023 and from perusal of the same it transpires that charges were framed against the petitioner on 11.04.2022 and since then no witness has been examined by the prosecution.

6. Taking into consideration the period of custody of the petitioner and tardy progress of the trial, I am inclined to grant regular bail to the petitioner.

7. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000 /- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.19773 of 2023(3) dt.12-07-2023 3/3 satisfaction of learned A.C.J.M. 2nd Danapur at Patna / Successor Addl. District & Sessions Judge III, Danapur (Patna) in connection with Naubatpur P.S. Case No. 589 of 2019 on the condition that the petitioner shall remain physically present on each and every date during the course of trial and in case of default on two consecutive dates, his bail bond shall liable to be cancelled.

(Anil Kumar Sinha, J) praful/- U T