Prakash Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34318 of 2022 Arising Out of PS. Case No.-30 Year-2020 Thana- MAHILA P.S. District- Sheohar ====================================================== PRAKASH KUMAR JHA SON OF PREM CHAND JHA R/O- MOHALLADUMRI KATSARI, P.S.- SHYAMPUR BHATHA, DIST.- SHEOHAR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

ANURADHA DEVI D/O- SUBODH MISHRA, W/O- PRAKASH CHANDRA JHA R/O- VILL- KUSHAR, P.O.- KUSHAR, P.S.- TARIYANI, DIST.- SHEOHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Udit Narayan Singh For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2023 Jointness petition has been filed stating that Amod Mishra is uncle of the O.P. No.2, who has received notice of O.P. No.2, and they are living jointly in a Hindu joint family.

2. In that view of the matter, service of notice on O.P. No.2 is treated to be validly served.

3. Heard learned counsels for the petitioner and learned A.P.P. for the State. Despite valid service of notice nobody appears on behalf of O.P. No.2.

4. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under Sections 323, 498(A) and some other ancillary Sections of the I.P.C. and u/s 3/4 of the D.P. Act.

Patna High Court CR. MISC. No.34318 of 2022(10) dt.18-07-2023 2/3

5. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry.

6. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is the husband of the victim and he is ready to keep his wife with full honour and dignity. There is no allegation of tampering with the witnesses alleged against the petitioner. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner has got clean antecedent.

7. Learned counsel for the State opposes the prayer for anticipatory bail.

8. Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub

Patna High Court CR. MISC. No.34318 of 2022(10) dt.18-07-2023 3/3 divisional Judicial Magistrate, Sheohar in connection with Sheohar Mahila PS case No. 30/ 2020, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T