Rakesh Kumar Jha @ Rakesh Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11966 of 2019 Arising Out of PS. Case No.-74 Year-2018 Thana- BIRAUL District- Darbhanga ====================================================== RAKESH KUMAR JHA @ RAKESH JHA aged about 25 years (Male), Son of Nand Kishor Jha Resident of Village - Jamalpur, P.S.- Jamalpur, Distt.- Darbhanga.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-03-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking anticipatory bail in connection with Biraul P.S. Case No. 74/2018 registered under Sections 306 of the Indian Penal Code.
Learned counsel for the petitioner submits that in the present case the informant's daughter was married with one Mukesh Kumar Jha nine years ago. The allegation now is that the family members were demanding a sum of Rs. 1 Lakh and one Motorcycle from the informant's daughter. It is submitted that on 14.03.2018, the victim informed the informant that she is being ill-treated, thereafter on 15.03.2018 the husband of the informant had gone to the
Patna High Court CR. MISC. No.11966 of 2019(2) dt.05-03-2019 2/3 sasural of his daughter and tried to pacify her but after two days the daughter of the informant fled away from sasural due to the torture and came to Naihar. On 16.03.2018, she gave a telephone call to her husband, her husband abused her.
It is submitted that so far as the petitioner is concerned, he happens to be a younger brother of the husband of the alleged victim and he has no concern with the family of the deceased. It is stated that he is living separately in mess and business and that the daughter of the informant died in her Naihar.
Learned A.P.P. for the State is present and has opposed the prayer for anticipatory bail.
Considering the facts and circumstances of the case wherein it is the submission that petitioner is the Dewar of the victim who died in her own Naihar allegedly when her husband had abused her on telephone, in the event of his arrest/surrender before the court below within a period of four weeks, let the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the
Patna High Court CR. MISC. No.11966 of 2019(2) dt.05-03-2019 3/3 like amount each to the satisfaction of learned A.C.J.M., Biraul, District - Darbhanga, in connection with Biraul P.S. Case No. 74/2018, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J) Rajeev/- U T