Gopal Jha @ Gopal Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26707 of 2021 Arising Out of PS. Case No.-809 Year-2020 Thana- SUPAUL District- Supaul ====================================================== 1.

Gopal Jha @ Gopal Kumar Jha Son Of Mahakant Jha R/O Village- Arraha, P.S.- Karjain, District- Supaul.

2.

Rashmi Jha @ Rashmi Devi Wife Of Gopal Jha @ Gopal Kumar Jha R/O Village- Arraha, P.S.- Karjain, District- Supaul. 3.

Rahul Jha @ Rahul Kumar Jha Son Of Gopal Jha @ Gopal Kumar Jha R/O Village- Arraha, P.S.- Karjain, District- Supaul. 4.

Mithilesh Choudhary Son Of Late Jagendra Choudhary R/O VillageMalhad, Ward No.14, P.S. And District- Supaul. 5.

Mohar Devi Wife Of Mithilesh Choudhary R/O Village- Malhad, Ward No.14, P.S. And District- Supaul.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Akbar Ali, APP For the Informant :

Mr.Nafisuzoha, ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Section341, 323, 326, 307, 498(A), 34 of the Indian Penal Code and 3/10 of Dowry Prohibition Act. Allegation against the petitioners is of committing

Patna High Court CR. MISC. No.26707 of 2021(2) dt.12-07-2021 2/3 torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. There is no medical report in respect of offence under Section 307 IPC. Rest of the offences are triable by the Magistrate. The petitioner no. 1 is brother-in-law, petitioner no. 2 is married sister-in-law, petitioner no. 3 is nephew, petitioner no. 4 is father-in-law and petitioner no. 5 is mother-in-law, of the victim. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Patna High Court CR. MISC. No.26707 of 2021(2) dt.12-07-2021 3/3 Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 809/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T