Sanjay Kumar Jha @ Sanjay v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40256 of 2018 Arising Out of PS.Case No. -46 Year- 2018 Thana -LAKHNAUR District- MADHUBANI ====================================================== SANJAY KUMAR JHA @ SANJAY, Son of Late Bisheshwar Jha, resident of Village- Balia Post- Umri, P.S.- Lakhnour, Distt.- Madhubani, Pin- 847403.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Nisha Jha, daughter of Late Vidyanand Jha, Village- Navtol, Jhanjnarpur, P.S. Lakhnaur, District- Madhubani, Bihar. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Anuj Kumar, Advocate. For the State : Mr. Kalyan Shankar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2018 Learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 1 of the bail application, in course of the day.

Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned A.P.P. for the State.

The petitioner is languishing in custody since 23.03.2018, in a case for the offence registered under Sections 341, 323, 379, 498(A), 377, 504 and 506/34 of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the

Patna High Court Cr.Misc. No.40256 of 2018 (2) dt.06-07-2018 2/2 petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has further 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 learned counsels for the State and the informant, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Jhanjharpur, in connection with Lakhnaur (R.S.O.P) P.S. Case No.46 of 2018.

(Sudhir Singh, J) U.K./- U T