Arvind Ojha @ Monu Ojha @ Arbind Jha @ Manu Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6264 of 2024 Arising Out of PS. Case No.-388 Year-2020 Thana- KOTWA District- East Champaran ====================================================== Arvind Ojha @ Monu Ojha @ Arbind Jha @ Manu Jha S/o Bhola Ojha R/o Maharani Bairiya, P.S-Kotwa, Distt.-East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sangeet Deokuliar For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections-302, 201/34 of the Indian Penal Code.
3. As per prosecution, the informant got solemnized the marriage of his daughter with the petitioner in the year, 2012. After marriage, the petitioner used to torture the informant's daughter for demand of dowry and on 12-11-2020, the accused petitioner in connivance with other accused persons killed the informant's daughter.
4. Learned counsel for the petitioner has submitted that although the bail petition of the petitioner has been rejected vide order dated 12-04-2023 in Cr. Misc. No. 53889 of 2022 but the fresh
Patna High Court CR. MISC. No.6264 of 2024(3) dt.12-07-2024 2/2 ground is that the informant who is father of the deceased has been examined as P.W. 1. In paragraph-12 of his deposition, he has admitted that there was land dispute between the deceased and the informant. The deceased had lodged four criminal cases against the informant. Learned counsel for the petitioner has further submitted that it was the reason that family members of the petitioner have falsely been implicated in this case. Further submission is that the marriage of the deceased was solemnized in the year, 2012 and she died due to asthma in the year, 2020. So, it does not establish a prima facie case of dowry death.
5. Learned APP has opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances, let the petitioner named above, 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 learned Additional Sessions JudgeXXI, East Champaran, Motihari in connection with Sessions Trial No. 828 of 2022 arising out of Kotwa P.S. Case No. 388 of 2020 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) A.K.V.//- U T