Dharmendra Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17713 of 2025 Arising Out of PS. Case No.-226 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Dharmendra Jha S/O Ramswagarth Jha @ Sogarath Jha Resident of villageMow, P.S.- Vidyapati Nagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Adv.

Mr.Rajeev Ranjan No. II, Adv.

For the Opposite Party/s :

Mr.Ramchandra Sahni, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Mahua P.S. Case No. 226 of 2023 registered for the alleged offences under Section 302, 201, 120(B) and 34 of the Indian Penal Code.

03. As per prosecution case, the petitioner and other coaccused persons murdered the sister of the informant on account of non-fulfillment of dowry. It is further alleged that the other coaccused persons disposed of the body of the sister of the informant.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is the brother-in-law (Nandosi) of the deceased and

Patna High Court CR. MISC. No.17713 of 2025(2) dt.02-04-2025 2/3 he has been living separately from the deceased or her family. Learned counsel further submits that the allegation of demanding dowry after twelve years of marriage is not believable. After death of the sister of the informant, informant himself participated in the last rites and as this petitioner also participated in the last rites he has been named in the case. Learned counsel submits that the coaccused persons have been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 18.10.2023 passed in Cr. Misc. No. 63796 of 2023 and by this Court vide orders dated 27.02.2024 and 06.09.2024 passed in Cr. Misc. Nos. 67724 of 2023 and 52873 of 2024. The petitioner has got no criminal antecedent.

05. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioner.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the general, vague and non-specific nature of allegation against the petitioner and further considering the relationship of the petitioner with deceased and the clean antecedent of the petitioner, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like

Patna High Court CR. MISC. No.17713 of 2025(2) dt.02-04-2025 3/3 amount each to the satisfaction of Court of learned A.C.J.M.-IX, Vaishali at Hajipur in connection with Mahua P.S. Case No. 226 of 2023, subject to the condition laid down under Section 482(2) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Anuradha/- U T