← Library
Patna High CourtCR. MISC./24337/2021allowed

Sanyog Kumar @ Sanyog Kumar Jha @ Bhola Jha v. The State Of Bihar

2022-07-21Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24337 of 2021 Arising Out of PS. Case No.-269 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== SANYOG KUMAR @ SANYOG KUMAR JHA @ BHOLA JHA S/O RAM NARAYAN JHA R/O VILLAGE AND POST-DHANIYAPATTI (DHAMIYAPATTI), P.S-DEVDHA, DISTRICT-MADHUBANI. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR PATNA 2.

ABHA DEVI W/O SANYOG KUMAR @ SANYOG KUMAR JHA @ BHOLA JHA R/O VILLAGE AND POST-DHANIYAPATTI (DHAMIYAPATTI), P.S-DEVDHA, DISTRICT-MADHUBANI D/O UDAY KANT CHOUDHARY, R/O VILLAGE-HARIPUR DIH TOL, P.SKALUAHI, DISTRICT-MADHUBANI. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan, Adv For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP Mr. Choudhary Shyam Nandan, Adv Mr. Krishna Kumar Yadav, Adv Mr. Sanjay Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2022 Heard the parties.

The petitioner apprehends his arrest in a case registered under sections 498(A)/34 of the Indian Penal Code and 3⁄4 D.P. Act.

The allegation against the petitioner is that he used to torture the informant mentally on account of non-fulfillment of demand of dowry.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence.

Patna High Court CR. MISC. No.24337 of 2021(7) dt.21-07-2022 2/3 Petitioner has never made any dowry demand and has been falsely implicated in the present case due to grudge. There is general and omnibus allegation against the petitioner and he is ready and willing to keep his wife with full honour and dignity. The petitioner has 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. In view of the matter, let the above named petitioner be released on bail, in the event of her 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 Complaint Case C.R.No. 269 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Petitioner is ready to pay Rs.4000/- (Rupees Four Thousand) per month to opposite party No.2 in the first week of every month for a period of one year, for her maintenance, as per the bank account details furnished by her in the learned Court below.

It is made clear that if the petitioner fails to pay the

Patna High Court CR. MISC. No.24337 of 2021(7) dt.21-07-2022 3/3 aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancellation of the bail bond of the petitioner. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) shikha/- U T