Patna High CourtCR. MISC./41464/2024bail granted

Sanjiv Kumar v. The State Of Bihar

2024-06-19Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41464 of 2024 Arising Out of PS. Case No.-328 Year-2023 Thana- KASHICHAK District- Nawada ====================================================== Sanjiv Kumar SON OF BIJALI SINGH VILLAGE- PARWATI PSKASHICHAK (KASHICHAK) DIST- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mithilesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kashichak (Shahpur) P.S. Case No. 328 of 2023 dated 16.12.2023 registered for the offences punishable u/ss 304B, 201 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have tortured and committed murder of the informant's daughter by administering poison to her due to non-fulfillment of demand of car as dowry. It is further alleged that the accused persons cremated the dead body of the informant's daughter with a view to disappear evidence without giving information to the informant or police.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case.

Patna High Court CR. MISC. No.41464 of 2024(2) dt.19-06-2024 2/2 The petitioner is the husband of the deceased. The petitioner is neither demanded any dowry nor tortured the informant's daughter. Police has submitted charge-sheet under Section 306 of the Indian Penal Code against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Kashichak (Shahpur) P.S. Case No. 328 of 2023 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T