Satish Chandra Jha @ Praful Chandra Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47382 of 2023 Arising Out of PS. Case No.-2997 Year-2022 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Satish Chandra Jha @ Praful Chandra Jha, Son of Late Deo Narayan Jha, Resident Of Village- Lawapur Narayan, P.S. Mahnar District Vaishali At Hajipur, Presently Working In Upgraded Middle School, Madhopur Singhara, P.S.- Singbalia, District- Gopalganj ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Anita Devi Wife Of Satish Chandra Jha @ Praful Chandra Jha Residing At through Gyanendra Kumar Jha House No. A5/74, Ground Floor, Rohini Sector 15, P.S.- Rohini, Uttar Paschim, New Delhi, 110089 ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Navjot Yeshu, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP For the Complainant :

Mr. Sachin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner, learned counsel for the complainant and learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Vaishali Complaint Case No. 2997 of 2022 registered for the offences punishable under Sections 498A & 494 of the Indian Penal Code. He has got no criminal antecedent.

3. Learned counsel for the petitioner submits that the marriage between the parties was solemnized in the year 1982 and out of the said wedlock, they have got four daughters and one son.

4. It is submitted that from the statement of the

Patna High Court CR. MISC. No.47382 of 2023(2) dt.11-08-2023 2/3 complainant in her solemn affirmation, it would appear that the complainant is herself working at Delhi since the year 2002 and the son is working in SpiceJet Airlines for last few years. It would further appear that the complainant has also been paid certain substantial amount from the sale of land.

5. Learned counsel submits that to show his bonafide the petitioner is ready to pay a sum of Rs.5,000/- per month to help the complainant in living her life. He is also ready to keep the complainant with full dignity and care.

6. Learned counsel for the Complainant submits that at this stage, he would have no objection in grant of pre-arrest bail to the petitioner if he abides by his promises and continues to pay Rs.5,000/- per month, subject to any other order of the competent court of law.

7. Having regard to the aforementioned submissions and the kind of offer made by the petitioner which has been also accepted by the complainant, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Vaishali Complaint Case No. 2997 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Vaishali at Hajipur, subject to the

Patna High Court CR. MISC. No.47382 of 2023(2) dt.11-08-2023 3/3 conditions as laid down under Section 438(2) of the Cr.P.C.

8. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

9. And further condition that in terms of his own offer and promise made to the complainant, he will pay Rs.5,000/- (Rupees Five Thousand Only/-) per month for the present to the complainant, subject to any other or further order which may be passed by the competent court of law in accordance of law. Breach of this condition shall result in cancellation of bail bond of the petitioner. This amount shall be deposited by the petitioner in the account of the complainant within first ten days of every month.

10. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T