Indrajeet Jha @ Indrajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31432 of 2024 Arising Out of PS. Case No.-465 Year-2023 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Indrajeet Jha @ Indrajeet Kumar Son of Suresh Jha Resident of Village - Manduli, P.S.- Patepur, District - Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rakhi Kumari Wife of Indrajeet Jha D/o Arun Jha, Resident of Village - Raghunathpur, P.S.- Waris Nagar, District - Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 21-05-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Complaint Case No.-465 of 2023, registered for the offences punishable under Sections 498A of the Indian Penal Code & Section 3⁄4 of the Dowry Prohibition Act.

3. The prosecution case as emerges from the FIR is that there is an allegation of demand of dowry and torture against the Petitioner and his family members.

4. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the allegation in the Criminal

Patna High Court CR. MISC. No.31432 of 2024(2) dt.21-05-2024 2/3 Complaint is general and omnibus in nature. There is no specific allegation of any physical injury with reference to date, time, place and nature of the injury. In fact, on account of matrimonial discord, the present false complaint has been filed. He further submits that maximum punishment in the alleged offence is three years.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioner has no criminal antecedents.

7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. C.J.M., Samastipur, in connection with Complaint Case No.-465 of 2023, subject to the conditions as

Patna High Court CR. MISC. No.31432 of 2024(2) dt.21-05-2024 3/3 laid down under Section 438 (2) Cr.P.C. and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) Chandan/ shailendraU T