Patna High CourtCR. MISC./43110/2023bail granted

Madhav Kumar Jha v. The State Of Bihar

2023-07-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43110 of 2023 Arising Out of PS. Case No.-196 Year-2022 Thana- BABUBARHI District- Madhubani ====================================================== MADHAV KUMAR JHA S/O DEVENDRA JHA R/O VILLAGEGHANGHOUR, PS. BABUBARHI, DIST. MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subhash Kumar Mishra For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Babubarhi P.S. Case No. 196 of 2022 dated 02.09.2022 registered for the offences punishable under Sections 498A, 120B, 376, 377, 506 and 420 of the Indian Penal Code and Sections 3 / 4 of the D.P. Act and section 66 D of the IT Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant

Patna High Court CR. MISC. No.43110 of 2023(2) dt.20-07-2023 2/2 due to non-fulfillment of demand of Rs. 20 lacs as dowry.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner neither demanded dowry nor assaulted the informant. It is further submitted that as per the medical board, there is no any sign of sexual assault. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Babubarhi P.S. Case No. 196 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T