Anuj Kumar Jha @ Anuj Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23031 of 2020 Arising Out of PS. Case No.-41 Year-2020 Thana- BAJPATTI District- Sitamarhi ====================================================== ANUJ KUMAR JHA @ ANUJ JHA Son of Uday Chandra Jha Resident of Village- Rudauli, P.S.- Bajpatti, Distt- Sitamarhi ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Ritu Jha W/o Arun Kumar Mishra Resident of Malangwa, P.S.- Sarlahi, Distt- Sitamarhi.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Jha, Advocate For the informant/O.P. No.2:
Mr. Ranjeet Kumar Mishra, Advocate For the State :
Mr. Akshay Lal Pandit, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-03-2021 Heard Mr. Alok Kumar Jha, learned counsel for the petitioner, Mr. Ranjeet Kumar Mishra, learned counsel for the informant/Opposite Party No. 2 and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor appearing for the State.
Petitioner apprehends arrest in connection with Bajpatti P.S. Case No. 41 of 2020 registered for the offences punishable under Sections 341, 323, 307, 498A, 354D, 120B/34 of the Indian Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1860.
The allegation as per the First Information Report
2/4 is that the opposite party-informant was married with the petitioner in the year 2016 and after marriage, the petitioner along with other co-accused persons started demanding Rs.5,00,000/- as dowry and due to non fulfillment of the said demand, the informant-Opposite Party No. 2 was assaulted by the petitioner and other co-accused persons physically as well as mentally and ousted from her matrimonial home.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the present case has been lodged with ulterior motive. Learned counsel further submits that without prejudice to the right and contention of the petitioner, the petitioner is ready and willing to pay a sum of Rs.1,500/- per month as living cost to the Opposite Party No. 2 subject to the final outcome of this case and/or Matrimonial/Maintenance cases decided between the parties.
On the other hand, learned counsel for the opposite party No. 2-informant accepts the offer made by the petitioner and submits that petitioner may be directed to
3/4 deposit the aforesaid sum of Rs.1,500/- each and every month directly in the bank account of the opposite party No. 2-informant, the account number of which, shall be provided by the learned counsel for the Opposite Party No. 2 to the learned counsel for the petitioner within a period of 15 days.
Having heard learned counsel for the parties and taking into consideration the materials on record and the offer made by learned counsel for the petitioner which has been accepted by learned counsel appearing for the opposite party No.2-informant, I am inclined to grant anticipatory bail to the petitioner subject to the condition that starting from April, 2021, the petitioner shall deposit a sum of Rs.1,500/- each and every month in the bank account of opposite party No.2-informant without fail.
Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Pupari, in
4/4 connection with Bajpatti P.S. Case No. 41 of 2020, subject to the aforesaid condition and further the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
It is made clear that at the time of furnishing bails bonds all the parties shall follow the guidelines regarding social distancing.
S.Ali/- (Anil Kumar Sinha, J) U T