Jai Chand Sah @ Jai Chand Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41928 of 2021 Arising Out of PS. Case No.-49 Year-2021 Thana- CHAKIA District- East Champaran ====================================================== Jai Chand Sah @ Jai Chand Prasad S/O Late Fudan Sah R/O VillageSaidpura, P.S.- Kajimahamadpur, District- Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan :
Bela Singh For the Opposite Party/s :
Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.
The present application has been listed through urgent mentioning slip filed by the petitioner's counsel on behalf of the petitioner.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Chakiya P.S. Case No. 49 of 2021, G.R. No. 1518/21 registered for the offence punishable under Sections 341, 323, 498A, 313, 307, 354, 379, 504, 34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.
Patna High Court CR. MISC. No.41928 of 2021(2) dt.03-09-2021 2/3 Allegation against the petitioner is that petitioner along with husband of the informant and family members have physically assaulted, tortured and threatened the informant due to non fulfillment of dowry demand. It is alleged that husband of the informant insisted her to serve liquor to his friends and make illicit relationship with friends and mother-in-law of the informant snatched her Stridhan and expelled her out of matrimonial house and since then she is living at her mayka.
It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that petitioner is the father-in-law of the informant. He further submits that a compromise petition has been filed in concerned court and one time settlement has been done between son of the petitioner and informant. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and he is languishing in custody since 17.06.2021.
Learned APP for the State opposed the bail petition. Considering the facts aforesaid and the fact that a compromise has been done between the parties and petitioner is the father-in-law of the informant, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to
Patna High Court CR. MISC. No.41928 of 2021(2) dt.03-09-2021 3/3 the satisfaction of the learned court below where the case is pending/successor Court in connection with Chakiya P.S. Case No. 49/2021, G.R. No. 1518/21.
(Anjani Kumar Sharan, J) GAURAV S./- U T