Sanjeev Kr. Singh @ Chhotu @ Sanjeev Kumar Singh @ Sanjeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64399 of 2021 Arising Out of PS. Case No.-903 Year-2020 Thana- AGAMKUAN District- Patna ====================================================== SANJEEV KR. SINGH @ CHHOTU @ SANJEEV KUMAR SINGH @ SANJEEV KUMAR Son of Umesh Kr. Singh @ Umesh Singh Resident of Village Udwant Nagar P.S. - Udwant Nagar, District Bhojpur at Present residing at Mohalla Kashipur Near Patel Maidan, P.S. - Town Samastipur, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Kumar Singh, Sr. Advocate Mr. Parmatma Singh, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-05-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B and 120B of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.
As per the prosecution case, the daughter of the informant was married to the petitioner. It is stated that the accused persons started to torture the informant's daughter for non-fulfillment of the demand of dowry. On 19.12.2020, information was received on telephone about his daughter having been done to death. On reaching her house, she was seen hanging and on inquiry it transpired that the accused persons
Patna High Court CR. MISC. No.64399 of 2021(4) dt.17-05-2022 2/3 had throttled her to death and given it the shape of suicide. It is submitted by learned senior counsel appearing for the petitioner that the petitioner has been falsely implicated in the case for the reason of his being the husband of the deceased. Referring to the material that has transpired in course of investigation, it is submitted that while describing the place of occurrence the Investigating Officer of the case has taken note of the fact that there were marks on the door of the same having been beaten up for the purpose of opening and the lock on the door from inside of the room was broken. Thus, it is submitted that the door/room was locked from inside.
This fact has also been supported by the independent witnesses whose statements have been recorded in paragraph nos. 29, 40, 41 and 42 of the case diary. Referring to the contents of the postmortem report it is submitted that no external injury was found on the body of the deceased and the cause of death in the opinion of the doctor was asphyxia due to hanging. It has further transpired in paragraph no. 26 of the case diary that on the date of occurrence the petitioner who is a single window operator was at his place of posting at Samastipur. The petitioner is in custody since 9.7.2021 and investigation in the case has concluded.
Patna High Court CR. MISC. No.64399 of 2021(4) dt.17-05-2022 3/3 trial.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, no external injuries having been found on the body of the deceased and the petitioner being at his place of posting on the date of occurrence together with the investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Agamkuan P.S. Case no. 903 of 2020 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 A.C.J.M-I, Patna City, District Patna.
(Partha Sarthy, J) Prakash/- U