Om Prakash Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18753 of 2017 Arising Out of PS.Case No. -242 Year- 2016 Thana -SHAHPUR District- BHOJPUR ======================================================

1. Om Prakash Giri, Son of Ramjee Ram, Resident of Village- Bharasara, Police Station- Bihia, District- Bhojpur, at present Dist- Combined Hospital Asptal Giridih, P.S.- Giridih Town, Dist- Giridih (Jharkhand). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Govind Mishra For the Opposite Party/s : Mr. Yogendra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-04-2017 Heard both sides.

The petitioner seeks bail in Shahpur case No. 242 of 2016 under Section 498A and other Sections of the Indian Penal Code and under Section 3⁄4 of Dowry Prohibition Act. The petitioner is the husband.

The learned counsel for the petitioner submits that prior to institution of the present case the petitioner filed a divorce case. The petitioner is willing to keep his wife. The petitioner is in jail since 20.12.2016.

On the other hand, Sri Bachan Jee Ojha, the learned counsel for the informant, as well as the learned Additional Public Prosecutor, vehemently, opposed the prayer for bail. Considering the facts that petitioner is husband of the

Patna High Court Cr.Misc. No.18753 of 2017 (2) dt.26-04-2017 2/2 victim but he is willing to keep his wife and petitioner has remained in jail for more than four months, the above named petitioner is directed to 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 the learned Additional Chief Judicial Magistrate-14, Bhojpur, Ara in Shahpur P.S. Case No. 242 of 2016.

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