Sanjay Kharwar @ Sanjay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61032 of 2022 Arising Out of PS. Case No.-96 Year-2022 Thana- SIMRI District- Buxar ====================================================== Sanjay Kharwar @ Sanjay Prasad S/O Jagnarayan Kharwar R/O VillageSimri @ Simari Bakullhapatti, P.S.- Simri @ Simri, Distt- Buxar. ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Lal Babu Singh S/O Late Ram Deo Singh R/O Village- Narayanpur, P.S.- Narayanpur, Distt- Bhojpur.

... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 302, 304(B) and 34 of the Indian Penal code.

As per prosecution case, informant alleged that his daughter was married to this petitioner namely, Sanjay Kharwar after some time he solemnized his second marriage. After marriage his daughter was subjected to torture and assaulted by the petitioner and she was also threatened to kill. On 10.03.2022 he got information that her daughter has been killed by the petitioner which happened due to strangulation. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.61032 of 2022(3) dt.15-03-2023 2/2 falsely been implicated in this case. This case is of suicide, committed by the victim as she was living in stress since a long time on account of death of his son. During investigation, there is no eye witness of the alleged occurrence and so far some of the witnesses who have been examined are interested witnesses of this case. There is no prior complaint in respect of harassment and cruelty against the petitioner rather he always kept her with proper dignity. He has got no criminal antecedent. Moreover, petitioner is languishing in judicial custody since 26.07.2022. Learned APP appearing for the state has vehemently opposed the prayer of regular bail.

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. The above named petitioner is directed to be released on bail in connection with Simri P.S. Case No. 96 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IVth, Buxar.

(Sunil Kumar Panwar, J) Manish/- U T