Sanjay Kumar @ Sanni Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50936 of 2024 Arising Out of PS. Case No.-939 Year-2023 Thana- KATIHAR NAGAR District- Katihar ====================================================== Sanjay Kumar @ Sanni Kumar, Son of Shankar Malik, R/O Vill.- Laliyahi, Durgapur, P.S.- Town Sahayak, Dist.- Katihar. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Aggarwal, Sr. Advocate Mr. Abhishek Kumar, Advocate Mr. Roushan Kumar, Advocate Ms. Pratisksha Mishra, Advocate For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 498A and 302/34 of the Indian Penal Code.
3. The case of the prosecution is that the daughter of the informant, namely, Rupam Kumari received a call on the mobile of the husband of the informant that her daughter is being ill-treated at her matrimonial house and is being assaulted. At 07:30 P.M., from mobile number 8709977979 she received a call that her daughter has died. It is further stated that the daughter was married to Sunny Kumar (petitioner) and they had two children out of the wedlock. It is further alleged that there
Patna High Court CR. MISC. No.50936 of 2024(7) dt.21-01-2025 2/3 was demand of dowry and that due to non-fulfillment of dowry demand she was hanged.
4. Learned counsel appearing on behalf of the petitioner has submitted that during investigation the witnesses have stated in their statement recorded under Section 161 Cr.P.C. that on the date of occurrence they found that there was hot talk between the deceased and the petitioner and that they also heard that the deceased has cut her veins. From perusal of the post mortem report also it is apparent that a cut mark on the right hand wrist was found by the Doctor. Charge-sheet has already been submitted in this case. The petitioner is having no criminal antecedent and he is in jail since 21.12.2023. Learned counsel for the petitioner has submitted that the petitioner will facilitate the trial and shall be present on each and every date failing which his bail-bonds may be cancelled.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail on a condition that the petitioner will facilitate the trial and shall be present on each and every date failing which his bail-bonds may be cancelled.
Patna High Court CR. MISC. No.50936 of 2024(7) dt.21-01-2025 3/3 The above named petitioner is directed to be enlarged 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 court of C.J.M., Katihar in connection with Katihar Town P.S. Case No. 939 of 2023.
7. Accordingly, the present bail application stands allowed.
(Ashok Kumar Pandey, J) durgesh/- U T