Patna High CourtCR. MISC./14216/2016bail granted

Mohan Jha @ Jitendra Jha @ Jitendra Kumar v. The State Of Bihar

2016-04-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14216 of 2016 Arising Out of PS.Case No. -70 Year- 2015 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ======================================================

1. Mohan Jha @ Jitendra Jha @ Jitendra Kumar Son of Ashok Jha resident of village - Harinagar, P.O. & P.S. Kusheshwar Asthan, District - Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukund Kumar For the Opposite Party/s : Mr. Gopesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 304B, 201/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant for non- fulfilling the dowry demands. It is submitted by the learned counsel for the petitioner that as per own admission of the informant the marriage was performed 8 years prior to death of the victim and the case does not come within the purview of Section 304B of the IPC. Moreover, the accusation is omnibus and general against the entire in-laws family and the victim was suffering from Hepatitis-B and

Patna High Court Cr.Misc. No.14216 of 2016 (2) dt.01-04-2016 2/2 for that she was treated at D.M.C.H., Darbhanga and thereafter in a private hospital. Statement has been in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the own admission of the informant in the opening line of the FIR that the marriage of victim was performed 8 years prior to her death, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Biraul, Darbhanga in connection with Kusheshwar Asthan P.S. Case No. 70 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) BKS/- U T