Ashwini Kumar Jha @ Ashwani Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30248 of 2021 Arising Out of Case No.-888 Year-2019 SITAMARHI COMPLAINT CASE DistrictSitamarhi ====================================================== ASHWINI KUMAR JHA @ ASHWANI KUMAR JHA Son of Abhay Kumar Jha Resident of Village - Bhandar, P.S.- Dhaka, District - West Champaran. At present 48/4 Vidyapati Road, Veerathi, P.S.- Nimta, District - North 24 Pargana, Kolkata ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kriti Bharti Resident of Village - Bhandar, P.S.- Dhaka, District - West Champaran, At present C/o Jitendra Kumar Jha, Resident of Village - Mahavir Patti, P.S.- Parihar, District - Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar Jha For the Opposite Party/s :

Mr. Khursid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2023 Heard learned counsels for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. C1/ 888 of 2019 for the offence registered under Sections 498(A)/ 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. It has been submitted by learned counsel for the petitioner that the petitioner has has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the

Patna High Court CR. MISC. No.30248 of 2021(11) dt.11-04-2023 2/2 petitioner. The petitioner is the husband 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. Petitioner has got clean antecedent.

On behalf of the learned counsels for the State and it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall 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 Sub divisional Judicial Magistrate, Sadar, Sitamarhi in connection with Complaint case No. C1/ 888/ 2019, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T