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Patna High CourtCR. MISC./4419/2018bail granted

Kripa Nand Jha v. The State Of Bihar

2018-03-14Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4419 of 2018 Arising Out of PS.Case No. -117 Year- 2017 Thana -ANDHRATHARI District- MADHUBANI ====================================================== Kripa Nand Jha, S/o Late Upendra Jha, R/o Village- Debhar, P.S.- Andhratharhi, District- Madhubani, presently posted as S.I. in Sadar, P.S.- Darbhanga, District- Darbhanga .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Advocate. For the State : Smt. Sharda Kumari, APP. For the Informant : Mr. Prabhat Ranjan Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Andhratharhi P.S. Case No. 117 of 2017 registered under Sections 304B, 201 and 120B/34 of the Indian Penal Code.

The petitioner is said to have eliminated the daughter of the informant over dowry demand in association with his family members.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The allegation levelled against the petitioner is not specific rather omnibus. The petitioner happens to be father-in-law of the deceased. He was not

Patna High Court Cr.Misc. No.4419 of 2018 (3) dt.14-03-2018 2/2 present at the place of occurrence at the time of occurrence rather was posted in Darbhanga. Supervising Authority after making proper supervision of the case has also not found the involvement of the petitioner in the occurrence. The petitioner has been languishing in custody since 14.12.2017.

On the other hand, it is submitted by learned APP and learned counsel for the informant that the petitioner being the father-in-law of the deceased demanded dowry and committed murder of the deceased within one year of marriage in association of his family members, hence he is not entitled for bail. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Jhanjharpur in connection with Andhratharhi P.S. Case No. 117 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T