Sanjay Kohar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53952 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- LAUKARIA District- West Champaran ====================================================== SANJAY KOHAR SON OF ISHWAR KOHAR RESIDENT OF VILLAGE - BAIRIYA KHURD, P.S. - LAUKARIYA, DISTRICT - WEST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 306, 34 of the Indian Penal Code.

3. Allegedly, petitioner is said to have instigated the deceased to commit suicide.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. He has been made accused in the present case merely on suspicion. From bare perusal of the FIR, it is evident that there was extra martial affair of the petitioner's wife

Patna High Court CR. MISC. No.53952 of 2023(4) dt.30-01-2024 2/2 (deceased) with co-accused Bablu Kohar and she had also gone to co-accused Bablu Kohar with proposal to marry her. Co-accused Babloo Kohar also refused to accept her and consequently, she committed suicide by hanging. It is further submitted that merely raising question against the infidelity of own wife cannot be termed as abetment to commit suicide. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of the offence, as there is no specific overt act against the petitioner, the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Laukariya P.S. Case No. 28 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T