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Patna High CourtCR. MISC./2170/2017bail granted

Pranav Kant Jha v. State Of Bihar And ANR

2017-03-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2170 of 2017 Arising Out of PS.Case No. -8 Year- 2014 Thana -MAHILA P.S. District- MADHUBANI ======================================================

1. Pranav Kant Jha, son of Madan Kant Jha, resident of village- Haripur Majarahi, P.S.- Kaluahi, District- Madhubani. .... .... Petitioner/s

Versus

1. State of Bihar

2. Barkha Jha, wife of Pranav Kant Jha, daughter of Shambhu Jha, resident of village - Jagatpur Tola- Tunni, P.S.- Ruhika Mishra Tola, District- Madhubani.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 30-03-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Madhubani Sadar Mahila P.S. Case No.08 of 2014 instituted for the offence under Section(s) 498-A, 341, 323, 307, 379, 504/34 Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. It has been submitted on behalf of the petitioner that he has filed Divorce Suit against the informant-Opposite Party No.2 vide Matrimonial (Divorce) Case No.311 of 2013 and thereafter in retaliation the instant case has been filed by the informant-Opposite Party No.2 on 19.1.2014.

Notice was issued to the Opposite Party No.2, which was validly served, but she has not appeared.

Patna High Court Cr.Misc. No.2170 of 2017 (4) dt.30-03-2017 2/2 From the Complaint Petition, it appears that there is general and omnibus allegation against the petitioner. It further appears that Divorce suit has already been filed by the husband as appear from Annexure-2.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Madhubani Sadar Mahila P.S. Case No.08 of 2014, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Madhubani, subject to the conditions as laid down under Section 438(2) Cr. P. C. (Sanjay Priya, J) JA/- U T