Sanjay Kumar Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21832 of 2025 Arising Out of PS. Case No.-343 Year-2024 Thana- BAHADURGANJ District- Kishanganj ====================================================== 1.
Sanjay Kumar Sinha S/o Late Basudev Prasad Sinha Resident of Village -Bath Tola Bernia, Ward No. , 2, P.S.- Bahadurganj, District - Kishanganj 2.
Baby Devi @ Baby Rani W/o Sanjay Kumar Sinha Resident of Village -Bath Tola Bernia, Ward No. , 2, P.S.- Bahadurganj, District - Kishanganj ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amal Kumar Sinha For the Opposite Party/s :
Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek bail in connection with Bahadurganj P.S. Case No. 343 of 2024 registered for the offences punishable under Sections 80(2), 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per prosecution case, petitioners and others are said to have killed the informant's daughter concertedly for demand of dowry.
4. Learned counsel for the petitioner submits that petitioners are in custody since 11.11.2024 and both bear no criminal antecedent. Petitioners are quite innocent and have
Patna High Court CR. MISC. No.21832 of 2025(2) dt.23-04-2025 2/3 committed no offence as alleged in the FIR. Learned counsel for the petitioners submits that petitioner no. 1 is father-in-law and petitioner no. 2 is mother-in-law of the deceased. He further submits that as per FIR, it clearly reflects that marriage between co-accused Manish Kumar and informant's daughter was love marriage and petitioners have nothing to do with the alleged marriage. Learned counsel further submits that petitioners are living separately and they have no say in the family affairs of the deceased. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioners and submits that petitioners and others are said to have committed the murder of the informant's daughter for demand of dowry as per prosecution case.
6. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioners, petitioners having no say in the family affairs of the deceased, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioners
Patna High Court CR. MISC. No.21832 of 2025(2) dt.23-04-2025 3/3 above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. Case No. 343 of 2024, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) vashudha/- U T