Bishambar Jha @ Bishambhar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13246 of 2021 Arising Out of PS. Case No.-39 Year-2020 Thana- RAHIKA District- Madhubani ====================================================== BISHAMBAR JHA @ BISHAMBHAR JHA S/o Bamdeo Jha Resident of Village and P.O.- Saurath, P.S.- Rahika, Distt- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Thakur, Adv.

For the Opposite Party/s :

Mr.Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. The petitioner seeks bail in connection with Rahika P.S. Case No.39 of 2020 registered for the offence punishable under Sections 304-B/34 of the Indian Penal Code.

Allegation against the petitioner is that he being the elder brother-in-law of the daughter of informant, along with his family members/co-accused has killed the daughter of the informant due to non-fulfillment of demand of dowry. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.13246 of 2021(3) dt.16-09-2021 2/2 petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence in the manner as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. There is general and omnibus allegation against all the accused persons including the petitioner. The husband of the deceased has already surrendered before the learned court below on 04.08.2021. The petitioner has no criminal antecedent and is languishing in custody since 28.11.2020.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of this case,since the husband of the deceased is already in custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Madhubani, in connection with Rahika P.S. Case No.39 of 2020.

(Anjani Kumar Sharan, J) pallavi/- U T