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Patna High CourtCR. MISC./52436/2016bail granted

Girish Chandra Jha v. The State Of Bihar

2017-09-18Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13329 of 2017 Arising Out of PS.Case No. -337 Year- 2016 Thana -KOTWALI District- PATNA ====================================================== Ashish Kumar S/o Girish Chandra Jha R/o Flat No. 206, Maharaja Kameshwar Complex, Frazer Road Police Station-Kotwali, District-Patna. .... .... Petitioner

Versus

1. The State of Bihar

2. Anupam Kumari, W/o Ashish Kumar, D/o Ravi Kant Jha, At present residing at 3/96 Lal Bahadur Shastri Nagar, P.S. Shashtri Nagar, District-Patna.

.... .... Opposite Parties ====================================================== with Criminal Miscellaneous No.52436 of 2016 Arising Out of PS.Case No. -337 Year- 2016 Thana -KOTWALI District- PATNA ====================================================== Girish Chandra Jha, Son of Late Nand Kishore Jha, Resident of Flat No. 206, Maharaja Kameshwar Complex, Frazer Road, Police Station- Kotwali, District- Patna.

.... .... Petitioner

Versus

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

(In Cr.Misc. No.13329 of 2017) For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Mr. Manoj Kumar (In Cr.Misc. No.52436 of 2016) For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-09-2017 Both the aforesaid applications arise out of Kotwali P.S. Case No. 337 of 2016, registered under Sections 498(A), 323 and 307/34 of Indian Penal Code. Therefore, both the aforesaid applications have been heard together and are being disposed of

Patna High Court Cr.Misc. No.13329 of 2017 (5) dt.18-09-2017 2/3 by this common order.

Heard learned counsel for the petitioners learned counsel appearing on behalf of the informant and the learned A.P.P. for the State.

The accusation is of torturing of the informant/O.P. No.2 by her husband and in-laws due to non-fulfillment of demand of dowry and removing her from matrimonial house snatching her personal belongings.

Learned counsel for the petitioners submits that the petitioner Ashish Kumar and Girish Chandra Jha are husband and father-in-law of the O.P. No.2 and on the joint prayer of the petitioners and O.P. No.2, the matter was referred to Mediation Centre, Patna High Court, Patna, but in spite of best and sincere efforts, the mediation could not be succeeded. Further submission is that petitioner Ashish Kumar is ready to keep his wife O.P. No.2, whereas his wife (O.P. No.2) puts certain conditions. Learned counsel appearing on behalf of O.P. No.2 submits that O.P. No.2 wants one time settlement. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond

Patna High Court Cr.Misc. No.13329 of 2017 (5) dt.18-09-2017 3/3 of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 337 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T