Sanjiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44226 of 2025 Arising Out of PS. Case No.-390 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Sanjiv Kumar S/o- Nageshwar Pandit @ Nageswar Pandit R/O- VillageLautan, P.S- Sakra, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash For the Opposite Party/s :
Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 80 of the B.N.S.
3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant being husband of the deceased.
4. It is next submitted that the informant alleges that his daughter was married to the petitioner on 09.12.2020 and after marriage, the accused persons including the petitioner were demanding a Swift Dzire Car, on account of non-fulfillment of dowry demand, the victim was tortured, it is next alleged that on 26.07.2024, the petitioner informed the informant about the death
Patna High Court CR. MISC. No.44226 of 2025(3) dt.29-08-2025 2/3 of the deceased, as such, the informant came to the place of occurrence and saw the dead body of his daughter lying, thus, alleges that his daughter was killed by the accused persons by strangulating her.
5. The learned counsel for the petitioner further submits that petitioner, being husband, has been falsely implicated in the instant case by the informant. It is next submitted that informant is not an eye witness to the occurrence. It is also submitted that had the petitioner been involved in the occurrence, then effort would have been made to dispose of the dead body with a view to conceal evidence, but then the dead body was sent for postmortem. It is next submitted that Satila Kumari and Rajeev Kumar had approached this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 13988 of 2025 and the same was allowed by an order dated 13.05.
2025, wherein this Court had recorded- the dead body was sent for postmortem and the doctor preserved the viscera for medical examination, which amply demonstrates that no sign of external or internal injury was found leading to death. It is further submitted that viscera report has come and no poisonous substance was found. The learned counsel next submits that no doubt the deceased died within seven years of marriage and presumption in law is against the petitioner, but then all deaths are not dowry deaths.
Patna High Court CR. MISC. No.44226 of 2025(3) dt.29-08-2025 3/3 petitioner been involved in the occurrence, then effort would have been made to dispose of the dead body with a view to conceal evidence, but then the dead body was sent for postmortem and no external or internal injury was found, further the viscera report also recorded that no poisonous substance was found, as such, the deceased died a natural death. It is also submitted that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.
6. Learned A.P.P. for the State opposes the anticipatory bail application of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Trial Court within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XVth, Muzaffarpur East in connection with Sakra P. S. Case No.390 of 2024, subject to the conditions laid down under Section 482(2) of the BNSS. (Satyavrat Verma, J) Rishabh/- U T