Sadanand Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32362 of 2015 Arising Out of PS.Case No. -483 Year- 2014 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Sadanand Jha Son of Mahendra Jha resident of village - Manik Chouk Tola Tikha, P.S. Runnisaidpur, District - Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-11-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 302 and 201/34 of the I.P.C and section 3⁄4 of the Dowry Prohibition Act.

Priyanka Kumari, daughter of the informant, was married with the petitioner in the year, 2004 and thereafter the petitioner and his family members started demanding Rs. 5,00,000/- cash for opening private garage in Ahmadabad and due to non fulfillment of demand Priyanka Kumari was tortured in various ways, the informant gave Rs. 1,50,000/- to the petitioner but he was not satisfied and on 25.10.2014 the informant learnt that his daughter was burnt and her dead body was cremated. Submission is of false implication and that the wife of the petitioner committed suicide, the real fact is that one of the son

Patna High Court Cr.Misc. No.32362 of 2015 (3) dt.06-11-2015 2/2 was given by the wife of the petitioner to her brother which was opposed by the petitioner and his family members and due to that reason she committed suicide by burning her and this fact has come in paragraphs- 35, 37, 38, 39 and 40 of the case diary. The police after investigation has found the case true under sections 306 and 201/34 of the I.P.C. and accordingly charge sheet has been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. fairly submits that those witnesses have stated that the deceased committed suicide. In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Sitamarhi in Runnisaidpur P.S. Case No. 483 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T