Sanjeev Singh @ Sanjeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27240 of 2024 Arising Out of PS. Case No.-213 Year-2023 Thana- AMAS District- Gaya ====================================================== Sanjeev Singh @ Sanjeev Kumar S/o Mr. Surendra Singh R/o vill - Bajitpur, P.s. - Amas, Distt. - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-10-2024 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and Mr. Awadhesh Kumar Singh, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 03.07.2023 in connection with Amas P.S. Case No. 2013 of 2023, F.I.R. dated 17.06.2023 registered for the offence punishable under Sections 304(B), 201, 120(B) of the I.P.C.
3. Allegation is that the accused persons caused death of the daughter of the informant due to non-fulfilment of demand of dowry.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that the petitioner is husband of the deceased. Further submits
2/4 that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. Further submits that it has come during investigation that the victim/deceased has committed suicide herself and it has also come during investigation that the petitioner was not present on the date of occurrence rather he was in Delhi and apart from that, a number of independent witnesses suggest that in presence of police, the door has been opened and the dead body of the deceased was found hanging and the police, after investigation, submitted the charge-sheet against the petitioner and the petitioner is in custody since 03.07.2023.
5. Vide order dated 05.07.2024, a report was called for with regard to the present stage of trial. Report of the learned Trial Court dated 21.08.2024 reveals that the charge has been framed against the petitioner and other co-accused persons on 17.08.2024 and summon has been issued against six chargesheet witnesses and till date, prosecution has not examined any witness as yet.
6. Learned Counsel for the petitioner submits that in view of the report of the learned Trial Court that there is no chance of early conclusion of the Trial in near future and the petitioner is in custody since 03.07.2023.
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7. Learned APP for the State has opposed the prayer for bail of the petitioner.
8. Considering the aforesaid fact and petitioner has clean antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sherghati, Gaya in connection with Amas P.S. Case No. 213 of 2023, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the
4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/Aman U T