Ratish Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5033 of 2020 Arising Out of PS. Case No.-213 Year-2019 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== RATISH KUMAR JHA, Son of Jeebnath Jha Resident of Village - Laxmisagar, Mukhiyajee Pokhar, P.S.- L.N.M.U., Dist.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the State :

Mr. Navin Kumar Pandey, APP For the Opposite Party No. 2 :

Mr. Sameer Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-06-2020 Heard Mr. Pankaj Kumar Das, learned counsel for the petitioner; Mr. Navin Kumar Pandey, for the State; and Mr. Sameer Ranjan, for the Opposite Party No. 2. The petitioner, who is the husband of Opposite Party No. 2, seeks bail in connection with L.N.M.U. P. S. Case No. 213 of 2019 dated 09.07.2019 instituted for the offences under Sections 498(A), 341, 323, 504, 506, 307 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

The petitioner is stated to be in custody since 22.10.2019.

It appears that the marriage took place in the year

Patna High Court CR. MISC. No.5033 of 2020(4) dt.17-06-2020 2/3 2008 and there is an allegation of the petitioner having contracted another marriage during the subsistence of the present marriage.

Mr. Sameer Ranjan, learned counsel for the Opposite Party No. 2 has also informed this Court that the Opposite Party No. 2 has no place to go as her father is dead and she has a child also to look after. He, therefore, submits that some arrangements ought to be made by the petitioner for the proper upkeep of Opposite Party No. 2. However, looking at the facts of the case, especially the custody of the petitioner, I am inclined to grant bail to him.

The petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. - IV, Darbhanga in connection with L.N.M.U. P. S. Case No. 213 of 2019.

It would be open for the Opposite Party No. 2 to approach the Family Court for payment of her matrimonial

Patna High Court CR. MISC. No.5033 of 2020(4) dt.17-06-2020 3/3 dues. If such a petition is filed and the petitioner deliberately chooses to avoid participating in the proceedings, the Opposite Party No. 2 may approach the court below for cancellation of the bail of the petitioner. In that case, the court below shall notice the parties and shall take appropriate steps and pass necessary orders in accordance with law.

The petition stands disposed off accordingly. (Ashutosh Kumar, J) skm/- U