Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30741 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- MANIYARI District- Muzaffarpur ====================================================== SANJEET KUMAR S/o- JAI KISHUN MAHTO Village- Siho Ps- Sakra, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 366, 306/34 and 120(B) of the Indian Penal Code.

As per allegation in the FIR, petitioner is covillager of the husband of the deceased. Petitioner was in habit to established physical relationship with the deceased and also he used to torture her to make physical relation with others. Due to abatement by the petitioner, she committed suicide.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this

Patna High Court CR. MISC. No.30741 of 2023(3) dt.27-07-2023 2/3 case. No one is the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioner dragged in the present case. FIR was lodged after an unexplained delay of 22 days. Petitioner is a social person and father of five children. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. In fact, deceased herself committed suicide because she was not happy with her husband and she was living with co-accused Sanjeev Kumar Sharma in his house and petitioner, who is masoon was on visiting terms at his house and only because of his visit, he has made escape goat by the police. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 2.1.2023.

The application for bail is opposed by learned APP for the State and submitted that as per medical report, deceased died due to mechanical asphyxia caused by hanging.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above

Patna High Court CR. MISC. No.30741 of 2023(3) dt.27-07-2023 3/3 named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned JM-1st Class, Muzaffarpur (West) in connection with Maniyari PS Case No. 01 of 2023. (Sunil Kumar Panwar, J) sushma/- U