Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30186 of 2020 Arising Out of PS. Case No.-381 Year-2019 Thana- SAUR BAZAR District- Saharsa ====================================================== RAJEEV KUMAR Son of Pulendra Yadav R/o Vill.-Thengha, Ward No-01, P.S.-Sour Bazar, Distt.-Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 304 B and 302 of the Indian Penal Code.

Petitioner is said to have killed the daughter of the informant on non-fulfillment of dowry demand. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. As a matter of fact, there was no previous complaint against the petitioner anywhere regarding any kind of misconduct towards

Patna High Court CR. MISC. No.30186 of 2020(4) dt.05-02-2021 2/2 his wife. He was living very happy and peacefully life with his wife. It is further submitted that from perusal of postmortem report, it is evident that there was no injury over the body of the deceased, which is against the allegation levelled against the petitioner. The petitioner has no criminal antecedent and has been languishing in custody since 13.09.2019. Vide order dated 08.01.2021, this Court has called for a status report regarding this case. In compliance thereof, vide letter no.464 dated 02.01.2021, the learned Sessions Judge has reported that after commitment from the committing Court, at present the case is fixed for prosecution evidence. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Sour Bazar P.S. Case No.381 of 2019.

(Anjani Kumar Sharan, J) Trivedi/- U T