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Patna High CourtCR. MISC./12472/2023allowed

Rajesh Kumar Jha v. The State Of Bihar

2023-04-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12472 of 2023 Arising Out of PS. Case No.-594 Year-2020 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== RAJESH KUMAR JHA Son of Late Kashi Kant Jha Resident of House No.- 40, Mithila Colony, Road No. 5, North Patel Nagar, Near Baba Chowk, P.S.- Patliputra, P.O.- Keshri Nagar, Town and District- Patna-800024 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rambha Jha Wife of Rajesh Rajesh Kumar Jha, D/O Bhavnath Jha Presently resident of Village and post- Babhangama, Ward No-5, P.S.- Riga, DistrictSitamarhi-843327 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Jha For the Opposite Party/s :

Mr. Lakshmi Kant Sharma Mr. Ranjit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498(A) of the Indian Penal Code.

Petitioner, who is the husband of informant/complainant is said to have assaulted the informant/complainant and ousted her out of her matrimonial house on the pretext of nonfulfillment of demand for dowry. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. They have been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.12472 of 2023(2) dt.28-04-2023 2/2 the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has filed a case bearing case no.611 of 2020 for restitution of conjugal right before the Principal Judge, Patna. Petitioner has no criminal antecedent. Learned APP for the State as well as learned counsel for the O.P. No.2 opposed the prayer for anticipatory bail. Learned counsel for the O.P No.2 submits that the O.P. No.2 is not ready to live with the petitioner.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 court below where the case is pending/Successor Court in connection with Complaint Case No.594 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T