Sanjeev Kumar Vs. the State of Bihar - Court Judgment

Excerpt:
patna high court cr.misc. no.3327 of 2012 (2) dt.24-01-2012 in the high court of judicature at patna criminal miscellaneous no.3327 of 2012 ====================================================== sanjeev kumar, son of late satrudhan singh, resident of village- rampur senday, police station- barbigha, district- sheikhpura. .... .... petitioner. versus the state of bihar .... .... opposite party. ====================================================== appearance : for the petitioner. : mr. dinu kumar, advocate. mr. shiv kumar prabhakar, advocate. mr. arvind kumar sharma, advocate. for the opposite party. : dr. kumar uday pratap, a.p.p. ====================================================== coram: honourable mr. justice gopal prasad oral order (per: honourable mr. justice gopal prasad”24. 01-2012 heard learned counsel for the petitioner and learned counsel for the state. the petitioner has been arrested in connection with complaint case no. 88(c) of 1999 in barbigha p.s. case no. 266 of 1998, registered for offence under sections 302, 328 and 201/34 of the indian penal code. the allegation is that victim-wife was killed by the petitioner-husband by administering poison. however, earlier f.i.r. was lodged and police after investigation submitted final form. however, final form has been accepted by the chief judicial magistrate and case proceeded on protest- cum-complaint as apparent from the order of additional district judge. the complainant on solemn affirmation and witnesses patna high court cr.misc. no.3327 of 2012 (2) dt.24-01-2012 have supported the case on the basis of strong circumstance against the petitioner that he might have killed the wife by administering poison. the petitioner is in jail custody since 02.09.2011. having regard to the fact and circumstance, the above named petitioner is directed to be released on bail on furnishing bail bond of rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the sub- divisional judicial magistrate, sheikhpura, in connection with complaint case no. 88 (c) of 1999 in barbigha p.s. case no. 266 of 1998. (gopal prasad, j.) m.p.

Judgment:
Patna High Court Cr.Misc. No.3327 of 2012 (2) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3327 of 2012 ====================================================== Sanjeev Kumar, son of Late Satrudhan Singh, resident of Village- Rampur Senday, Police Station- Barbigha, District- Sheikhpura. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner. : Mr. Dinu Kumar, Advocate. Mr. Shiv Kumar Prabhakar, Advocate. Mr. Arvind Kumar Sharma, Advocate. For the Opposite Party. : Dr. Kumar Uday Pratap, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE GOPAL PRASAD”

24. 01-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Complaint Case No. 88(C) of 1999 in Barbigha P.S. Case No. 266 of 1998, registered for offence under Sections 302, 328 and 201/34 of the Indian Penal Code. The allegation is that victim-wife was killed by the petitioner-husband by administering poison. However, earlier F.I.R. was lodged and police after investigation submitted Final Form. However, Final Form has been accepted by the Chief Judicial Magistrate and case proceeded on protest- cum-complaint as apparent from the order of Additional District Judge. The complainant on Solemn Affirmation and witnesses Patna High Court Cr.Misc. No.3327 of 2012 (2) dt.24-01-2012 have supported the case on the basis of strong circumstance against the petitioner that he might have killed the wife by administering poison. The petitioner is in jail custody since 02.09.2011. Having regard to the fact and circumstance, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub- Divisional Judicial Magistrate, Sheikhpura, in connection with Complaint Case No. 88 (C) of 1999 in Barbigha P.S. Case No. 266 of 1998. (Gopal Prasad, J.) m.p.