Sanjit Kumar @ Amol Kumar @ Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71432 of 2022 Arising Out of PS. Case No.-81 Year-2021 Thana- KANHAULI District- Sitamarhi ====================================================== Sanjit Kumar @ Amol Kumar @ Sanjeev Kumar Son Of Bindeshwar Mahto R/O Village- Parsa Khurd, P.S.- Kanhauli, District- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhubala Verma For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. It is a case of commission of murder of the daughter of the informant by all her in-laws family members including the petitioner for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of

Patna High Court CR. MISC. No.71432 of 2022(7) dt.05-09-2023 2/3 the deceased. The marriage of the petitioner with the deceased was performed 12 years prior to the date of occurrence and out of the wedlock, there are three children who, at present, are residing with the petitioner and there was no prior complaint against the petitioner or his family members of making assault or demand of dowry. In fact, the deceased got infected with CORONA virous and died and the informant' side was also informed about the mis-happening. The informant, after loding the F.I.R has realized the actual facts and filed a petition before learned Court below that at the instigation of other persons, he has filed the F.I.R against the petitioner and others. The said petition is annexed as Annexure-2 to the petition. The petitioner is languishing in custody since 20.04.2022. A statement has been made in para 3 of the petition that petitioner has clean antecedent.

In pursuance to the direction of this Court, the Superintendent of Police, Sitamarhi has filed the show-

Patna High Court CR. MISC. No.71432 of 2022(7) dt.05-09-2023 3/3 cause and submitted that deceased died in Birganj (Nepal) during treatment and the postmortem was done in the Nepal itself and viscera was preserved. The viscera report is not available on record.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased and he was fully responsible for commission of murder of the deceased.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Kanhauli P.S. Case No. 81 of 2021.

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