Anjani Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68634 of 2022 Arising Out of PS. Case No.-98 Year-2021 Thana- KHAGAUL District- Patna ====================================================== Anjani Kumar, S/o Shri Sharat Chandra Sharma, R/O Village- Raj Nagar, Cantt, Road Near Presidency Global School, Danapur, P.S- Khagaul, DistrictPatna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Advocate Mr. Rakesh Kumar Sharma, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-12-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.
Heard Mr. Ramakant Sharma, learned senior counsel, duly assisted by Mr. Rakesh Kumar Sharma, learned counsel for the petitioner and learned APP for the State. The petitioner seeks regular bail, who is in custody in connection with S.Tr. No. 658 of 2021, arising out of Khagaul P.S. Case No. 98 of 2021, registered for the offences punishable under Sections 304B/34 of the Indian Penal Code. The prosecution case in brief is that the marriage of the daughter of the informant was solemnized with the petitioner on 29.01.2016 and after the marriage, the daughter of the informant was subjected to cruelty and demand of dowry
Patna High Court CR. MISC. No.68634 of 2022(2) dt.07-12-2022 2/3 and on account of non-fulfillment of the same, she was done to death.
Learned senior counsel appearing on behalf of the petitioner fairly submits that earlier the matter was heard on merit and considering every aspect of the matter, this Court vide order dated 31.08.2022, passed in Cr. Misc. No. 54992 of 2021, has been pleased to reject the prayer for bail of the petitioner with liberty to renew his prayer after framing of the charge. He further submits that now the charges have already been framed against the petitioner vide order dated 14.11.2022 for the offences under Sections 304B/34 and 302/34 of the Indian Penal Code, the certified copy of which has been brought on record by way of Annexure-3 to this petition. The petitioner is in custody since 14.05.2021.
The aforesaid fact has not been confronted by the learned APP for the State.
Considering the fact that the charges have already been framed and the petitioner gives undertaking that he will fully cooperate in the trial, till its conclusion, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional
Patna High Court CR. MISC. No.68634 of 2022(2) dt.07-12-2022 3/3 Sessions Judge-V, Danapur, Patna in connection with S.Tr. No. 658 of 2021, arising out of Khagaul P.S. Case No. 98 of 2021, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain physically present on each and every date of trial till disposal of the case. (iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) uday/- U T