Patna High CourtCR. MISC./7796/2016bail granted

Sanjeev Kumar @ Sanjiv Kumar Deo @ Sanjiv Kumar v. State Of Bihar And ANR

2016-07-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7796 of 2016 Arising Out of PS.Case No. -259 Year- 2013 Thana -BAHADURPUR District- DARBHANGA ======================================================

1. Sanjeev Kumar @ Sanjiv Kumar Deo @ Sanjiv Kumar, S/o Jitendra Lal Dev, resident of Village- Mekna, P.S.- Bahadurpur, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sanjeeta Devi W/o Sanjeev Kumar, D/o Binod Lal Deo, resident of Village- Phardaha, P.S.- Bahera, District- Darbhanga. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar, Adv. For the Opposite Party/s : Mr. Dr. M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-07-2016 Heard both sides.

The petitioner made second attempt for bail in Bahadurpur P.S. Case No. 259/2013, registered for the offences punishable under Sections 498A, 323, 494, 379, 313, 504 of the Indian Penal Code and Sections 3, 4 of Dowry Prohibition Act. The wife made allegation that her husband (petitioner) and his family members tied her hands. Petitioner assaulted her with leg in her abdomen causing premature birth of a child who later on died within two days of birth.

It is submitted that earlier prayer for bail of the petitioner was rejected vide order dated 06.05.2015 passed in Cr.

Patna High Court Cr.Misc. No.7796 of 2016 (2) dt.13-07-2016 2/2 Misc. 8573/2015 with a direction that if the trial is not concluded within a period of nine months without any fault of the petitioner, the petitioner may renew his prayer for bail. More than one year has elapsed, but the trial has not been concluded. Learned counsel for the informant and learned A.P.P. opposed the prayer for bail.

Considering the facts aforesaid and the fact that the petitioner is in jail for more than one and half year, the petitioner above-named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge, Darbhanga, in connection with Bahadurpur P.S. Case No. 259/2013 (Sessions Trial No. 19/2015).

(Prabhat Kumar Jha, J.) Vinita/- U T