Nityanand Jha Gokul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31717 of 2021 Arising Out of PS. Case No.-47 Year-2020 Thana- MAHILA P.S. District- Madhubani ====================================================== NITYANAND JHA GOKUL, aged about 56 years, Gender-Male, Son of Shardanand Jha, Resident of Village- New Chakdha, Ward No.05, P.S.- Rajnagar, District- Madhubani.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Julie Jha, Daughter of Devendra Jha, Resident of Kharga Gali Road, Ward No.02, Near Sudi Marriage Hall, P.O. and P.S.- Jai Nagar, DistrictMadhubani. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Amit Kumar Jha, Advocate.

For the State :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-08-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.

The petitioner is apprehending his arrest in connection with Madhubani Mahila P.S. Case No. 47/2020 for the offence registered under Sections 323, 341, 498(A), 379 and 506/34 of the I.P.C.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry.

Patna High Court CR. MISC. No.31717 of 2021(2) dt.05-08-2021 2/3 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is the brother-in-law of the victim. 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 counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of the learned S.D.J.M., Madhubani, in connection with Madhubani Mahila P.S. Case No. 47/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only

Patna High Court CR. MISC. No.31717 of 2021(2) dt.05-08-2021 3/3 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) U.K./- U T