Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31438 of 2019 Arising Out of PS. Case No.-214 Year-2018 Thana- FATEHPUR District- Gaya ====================================================== SANJEEV KUMAR Son of Kapildeo Yadav Resident of Village- Boknari Puna Kalan, P.S. Paraiya, District- Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kunal Tiwary For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302/201/34 of the Indian Penal Code.

Prosecution case as lodged by the informant is that one dead body of one lady and one child was found in a well. The F.I.R. was lodged by the Chowkidar against unknown persons. It appears during course of investigation that dead body of the lady was of second wife of Sanjeev Kumar (petitioner). It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.31438 of 2019(4) dt.05-07-2019 2/3 he is innocent, bears no criminal antecedent and except suspicion nothing against the petitioner and has been falsely implicated. He submits that the father of the petitioner and other co-accused have already been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 78989 of 2018 on 22.01.2019. Petitioner is languishing in judicial custody since 10.12.2018.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Fatehpur Gurpa Police Station Case No. 214 of 2018, subject to the conditions: (I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(II) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below. (III) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.31438 of 2019(4) dt.05-07-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T