Lalit Jha @ Lalit Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67971 of 2018 Arising Out of PS. Case No.-190 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== Lalit Jha @ Lalit Kumar Jha, Son of Jatashankar Jha, Resident of VillageKushothar, P.S. Bahadurpur (Fekla O.P.), District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babita Kumari For the Opposite Party/s :

Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, being the husband of the victim, is apprehending his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code. The prosecution case as per the written report of Govind Kumar Jha dated 11.05.2018 submitted to the Station House Officer of Bahadurpur Police Station is to the effect that the marriage of the sister of the informant was performed with the petitioner on 27.04.2009. On 09.05.2018 Bikram Jha, the nephew of the informant met the victim and thereafter on returning back he conveyed that her father-in-law and motherin-law have been torturing and assaulting her and they have threatened to kill her by setting her ablaze. Thereafter, the mother of the informant asked the informant to meet his sister

Patna High Court Cr.Misc. No.67971 of 2018(2) dt.14-12-2018 2/3 and to request the petitioner to allow the sister of the informant to reside with her mother. On 11.05.2018 the informant received information that the accused persons have killed the sister of the informant. The informant has specifically alleged the accusation of killing against the father-in-law, mother-in-law and wife of Rajesh Jha.

It is submitted by learned counsel for the petitioner that admittedly the petitioner was not present at the place and date of occurrence as he was working in Delhi. The victim died due to the burn injury after nine years of marriage and hence, the case has been registered under Section 302 of the IPC. Learned APP submits that the petitioner is also named in the FIR.

Considering the fact that the FIR suggests the accusation of torture and killing against other accused persons except the petitioner, coupled with the fact that learned counsel for the petitioner submits that the petitioner was at Delhi on the date of occurrence, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.67971 of 2018(2) dt.14-12-2018 3/3 learned Sub-divisional Judicial Magistrate, Darbhanga at Laheriasarai in connection with Bahadurpur (Fekla O.P.) P.S. Case No. 190 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T