Sanjeev Kumar Saurabh @ Sanjiv Kumar @ Sanjiv Kumar Saurabh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29783 of 2019 Arising Out of PS. Case No.-371 Year-2018 Thana- MINAPUR District- Muzaffarpur ====================================================== Sanjeev Kumar Saurabh @ Sanjiv Kumar @ Sanjiv Kumar Saurabh, aged about 24 years, Son of Janak Prasad, Resident of Village- Mustafaganj, P.S.- Minapur, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Bela Singh, Advocate For the Opposite Party/s :
Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Minapur P.S. Case No. 371 of 2018 registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The informant Renu Devi has alleged in her written application that marriage of her daughter Raj Nandani was solemnized with Sanjiv Kumar sometime in the year 2015 and different gifts were given at the time of marriage and she went to her matrimonial home where she lived happily for sometimes but thereafter, her husband and other matrimonial people started subjecting her to torture and cruelty for fulfilling demand of cash of Rs. 1,00,000/-. On getting information, parental people
Patna High Court CR. MISC. No.29783 of 2019(4) dt.10-07-2019 2/3 reached at the matrimonial place of Raj Nandani and persuaded her husband and other in-laws but they became adamant on their demand. In the meantime, Raj Nandani became pregnant and ultimately, her husband Sanjiv Kumar shot her dead. Learned counsel for the petitioner submits that petitioner is quite innocent and he has committed no offence. The entire allegations made against the petitioner are false and concocted. It is alleged in the written application that Raj Nandani was killed by fire arms but no fire arm injury was found on the dead body of the deceased. As a matter of fact, the deceased fell down and sustained some injury on her head and due to which, she died.
The charge sheet has been submitted against the petitioner. The postmortem report shows that there is no fire arm injury found on the body of the deceased.
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/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 371 of 2018, subject to the following conditions :
(1) On of the bailors would be close relative of the
Patna High Court CR. MISC. No.29783 of 2019(4) dt.10-07-2019 3/3 petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.
(2) The petitioner will appear before the learned Court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Anjani Kumar Sharan, J) Nasimul/- U T