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Patna High CourtCR. MISC./17507/2021bail granted

Suresh Narayan Jha v. The State Of Bihar

2022-04-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17507 of 2021 Arising Out of PS. Case No.-242 Year-2019 Thana- BUDDHACOLONY District- Patna ====================================================== 1.

SURESH NARAYAN JHA Son of Late Subudh Narayan Jha Resident of Village- Brahmpura, Police Station- Manigacchi, District- Darbhanga At present Resident of Qr. No. B-52, CND Officers Colony Asanapani, P.O. Kathara, P.S.- Bokaro Thermal, District- Bokaro, Jharkhand. 2.

Abhishek Kumar Jha Son of Suresh Narayan Jha Resident of VillageBrahmpura, Police Station- Manigachhi, District- Darbhanga. At present residents of Qr. No. B-52, CND Officers Colony, Asanapani, P.O.- Kathara, P.S.- Bokaro Thermal, District- Bokaro, Jharkhand. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Aakanksha Jha Daughter of Col (Retd.) Amit Jha Resident of Flat No. 402, Asha Apartment, In front of Gold Gym, Boring Road, P.S.- Budha Colony, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2022 Heard learned counsel for the petitioners, learned counsel appearing for the informant and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 498A, 323 and 406/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The basic accusation is of subjecting to torture to the informant for non-fulfillment of demand of 'Flat' as the dowry, and the same should be established either in Chennai or Banglore.

It is submitted by learned counsel for the petitioners have falsely been implicated in this case. He

Patna High Court CR. MISC. No.17507 of 2021(3) dt.04-04-2022 2/2 further submits that the petitioners are father-in-law and Bhaisur (elder brother) of the informant, namely, Aakanksha Jha. He further submits that the husband of the Opposite Party No.2 has already been granted anticipatory bail by this Court passed in Cr. Misc. No. 19916 of 2021. Petitioners have got clean antecedent.

However, learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioners.

Considering the aforestated facts, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Judge-II-cum-ACJM-II, Patna in connection with Buddha Colony P.S. Case No. 242 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Brajesh Kumar/- (Sunil Kumar Panwar, J) U T