Neeraj Kumar Jha Alias Niraj Kumar Jha Alias Veda Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30356 of 2022 Arising Out of PS. Case No.-207 Year-2021 Thana- PATAHI District- East Champaran ====================================================== NEERAJ KUMAR JHA ALIAS NIRAJ KUMAR JHA ALIAS VEDA JHA S/o Late May Kishore Jha Resident of Village-Gamhariya, P.S.-Patahi, District-East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishwajeet Kumar Mishra For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 328, 304(B) and 34 of the Indian Penal Code pending in the learned court below.

Allegation against the petitioner is that he along with other co-accused persons is said to have demanded cash (dowry) on a regular basis and the husband assaulted the deceased daughter of the informant and gave poison including the motherin-law.

Patna High Court CR. MISC. No.30356 of 2022(3) dt.14-02-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner and he is the husband of the deceased. He further submits that post-mortem report and FSL report of the deceased are not supported the prosecution case. He submits that FSL report shows that no metallic, alkaloidal, glycosidal, pesticidal and volatile poison could be detected in the contents of dark brown colour fluid as described above. He further submits that petitioner has a natural death. He further submits that petitioner have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail and submits that petitioner is husband of the deceased and he is also involved in the present case.

Considering the aforesaid facts and circumstances and the fact that post-mortem report and FSL report have not supported the prosecution case, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like

Patna High Court CR. MISC. No.30356 of 2022(3) dt.14-02-2023 3/3 amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Patahi P.S. Case No.207/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T