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Patna High CourtCR. MISC./47089/2021bail granted

Sujit Jha v. The State Of Bihar

2021-11-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47089 of 2021 Arising Out of PS. Case No.-5 Year-2019 Thana- MAHILA P.S. District- Bhagalpur ====================================================== SUJIT JHA S/o RAMAN JHA PERMANENT R/o VILLAGE-ANDIPATTI, POST-SHIVIPATTI, P.S-RAJNAGAR, DISTRICT-MADHUBANI, BIHAR, PRESENTLY R/o-C/14/8, GALI No.8, BABARPUR, KABIR NAGAR, BADARPUR KHADAR, P.S-WELCOME, DISTRICT-NORTH EAST, DELHI ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SUMAN DEVI W/o SUJIT JHA R/o VILLAGE-ANDIPATTI, POSTSHIVIPATTI, P.S-RAJNAGAR, DISTRICT-MADHUBANI, PRESENTLY R/o VILLAGE AND POST-SABOUR, P.S-SABOUR, DISTRICTBHAGALPUR. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Jha For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-11-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 498A and other ancillary ? Sections of the Indian Penal Code.

As per the prosecution case, this petitioner, who is husband of the victim, and his family members tortured and assaulted the victim for non fulfillment of demand of dowry. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that petitioner neither tortured informant

Patna High Court CR. MISC. No.47089 of 2021(2) dt.18-11-2021 2/2 nor has mentally and physically harassed her. It is submitted that marriage was solemnized in the year 2007 and a female child was also borne from the wedlock, who is living with petitioner. The alleged occurrence has taken place in the year 2010 but the case was lodged after nine years in the year 2019. Petitioner claims clean antecedent and is in custody since 25.03.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, 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 Sub divisional Judicial Magistrate, Bhagalpur in connection with Bhagalpur Mahila PS case No.05/2019. (Prabhat Kumar Singh, J) BKS/- U T