Sanjeev Kumar Rao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84895 of 2024 Arising Out of PS. Case No.-237 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== Sanjeev Kumar Rao Son of Chandrabhushan Rao R/O Vill- Fuliyan Khaad, Ward No. 5, P.S.- Bairiya, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the State :
Mr. Bhanu Pratap Singh, A.P.P.
For the Informant :
Mr. Umesh Chandra Verma, Advocate Mr. Hemant Ray, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-01-2025 Heard Mr. Bimlesh Kumar Pandey, the learned Counsel for the petitioner, Mr. Bhanu Pratap Singh, the learned Additional Public Prosecutor for the State and Mr. Umesh Chandra Verma, learned Counsel for the Informant.
2. Petitioner seeks regular bail who is in custody since 16.07.2024, in connection with Bairiya P.S. Case No. 237 of 2024, FIR dated 15.07.2024, registered for the offences punishable under Sections 80 and 3(5) of Bharatiya Nyaya Sanhita.
3. According to the prosecution case, all the accused persons including these petitioners have murdered the sister of the informant due to non-fulfillment of demand of
2/4 dowry.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. In fact the deceased has committed suicide herself and it has been stated in paragraph-36, 37 and 38 of the case diary that the independent witnesses have stated that when they reached at the place of occurrence, they saw that the door was closed from inside and apart from that they also stated that the petitioner was in agriculture field at the time of occurrence and they also stated that due to some petty dispute between the husband and wife, the present occurrence had taken place and the police after investigation submitted charge-sheet against the petitioner and he is in custody since 16.07.2024.
5. Learned Counsel for the Informant and learned Additional Public Prosecutor for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that the present occurrence had taken place within seven years of marriage and apart from that the petitioner is husband of the deceased.
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6. Considering the facts and circumstances of the case and the nature of allegation and materials has come during investigation, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 3rd, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 237 of 2024, subject to the following conditions:
(i). Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the learned trial Court and shall remain physically present as directed by the learned trial Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned trial Court.
(ii). If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iii). And further condition that the learned trial Court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the learned trial Court shall take step for cancellation of bail bond of the petitioner. However, the
4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Neha/- U T