Pawan Kumar Jha v. The State Of Bihar

Patna High Court Cr.Misc. No.12528 of 2015 (3) dt.05-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12528 of 2015 Arising Out of PS.Case No. -93 Year- 2014 Thana -PIPRA District- SUPAUL ======================================================

1. Pawan Kumar Jha son of Late Jay Nath Jha, resident of villageKamalpur, P.S.- Pipra, District- Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Jha For the Opposite Party/s : Mr. Bhanu Pratap Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Pipra P.S. Case No. 93 of 2014 registered for the offences punishable under Sections 304B, 201, 497/34 of the Indian Penal Code.

Petitioner happens to be husband of the deceased and it is very surprising that the present case was registered under Section 304 B of the Indian Penal Code, particularly, in the circumstance, when the informant admitted in his written report that marriage of deceased had solemnized with the petitioner in the year 1999. Moreover, it appears from perusal of the materials available on the case diary that investigation is still pending

Patna High Court Cr.Misc. No.12528 of 2015 (3) dt.05-05-2015 though the supervising authority has found the case true for the offence punishable under Section 306 of the Indian Penal Code. Learned counsel appearing for the petitioner submits that after institution of the present case, the informant realized his fault and filed compromise petition.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Supaul in Pipra P.S. Case No. 93 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) SHAHZAD/- U T