Sanjeev Rai @ Sanju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14009 of 2022 Arising Out of PS. Case No.-229 Year-2021 Thana- GARDANIBAG District- Patna ====================================================== Sanjeev Rai @ Sanju Kumar Son of Late Shyam Bihari Rai Resident of Village - Dheera Chak, Anisabad, P.s.- Gardanibagh, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offence punishable under Sections 498(A) and 306 of the Indian Penal Code.

As per the prosecution case, petitioner is the son-inlaw (Damad) of the informant. His daughter namely, Urmila Devi (deceased) solemnised marriage between the Sanjeev Rai (petitioner) in the year 2011 and after two-three years, petitioner started torturing her mentally and physically because deceased was not having a child due to which, she (deceased) committed suicide.

Patna High Court CR. MISC. No.14009 of 2022(2) dt.18-07-2022 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. It is crystal clear from the F.I.R. that informant got all information about the incident by her second daughter namely, Gudiya Kumari, who got information about the alleged incident by the husband of the deceased naemly, Sanjeev Kumar (petitioner). Accordingly, neither informant nor Gudiya Kumari have seen the incident. It is further submitted by the learned counsel for the petitioner that the ingredients for abatement for suicide would be satisfied only if the suicide is committed by the deceased due to direct and alarming encouragement / incitement by the accused (husband) and leaving no option but to commit suicide and there is no such allegation against the petitioner by the informant. The petitioner is in custody since 13.07.2021, is a person with clean antecedent and charge-sheet has been submitted in the case.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.14009 of 2022(2) dt.18-07-2022 3/3 learned Court below where the case is pending/Successor Court in connection with Gardanibagh P.S. Case 229 of 2021. (Khatim Reza, J) Gaurav Kumar/- U T