Jagannath @ Jagnnath Sah @ Jagarnath Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42291 of 2022 Arising Out of PS. Case No.-77 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== 1.
JAGANNATH @ JAGNNATH SAH @ JAGARNATH SAH S/O LATE JAGESHWAR SAH Resident of village- Turki, P.S.- Minapur, DistrictMuzaffarpur 2.
AJAY KUMAR SHAH @ AJAY KUMAR @ AJAY KUMAR SAH S/O JAGANNATH @ JAGNNATH SAH @ JAGARNATH SAH Resident of village- Turki, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s
Versus
1.
The State of Bihar BIHAR 2.
POOJA KUMARI D/O AMARLAL PRASAD R/o Village and P.oBhanapatti, P.S.- Runnisaidpur, District- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar For the Opposite Party/s :
Mr. Pushpa Sinha.1 For the Informant :
Mr. Raj Narayan Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Heard the parties.
Learned counsel for the petitioners is directed to remove the defects within four weeks.
The petitioners apprehend their arrest in a case registered for the offence punishable under section 341, 323, 498(A), 504 and 34 of IPC and section 3⁄4 of D.P. Act.
The allegation against the petitioners is of torturing the informant on account of non-fulfillment of demand of dowry. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.
Patna High Court CR. MISC. No.42291 of 2022(2) dt.29-11-2022 2/3 They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioner no.1 is the father-inlaw and petitioner no.2 is the husband of the informant. The petitioner no.2 is still ready to keep his wife with full honor and dignity. He further submits that earlier Runnisaidpur P.S. Case no.615 of 2021 had also been registered by the informant against the petitioners and through an order passed by a coordinate bench of this Court in Cr. Misc.18404 of 2022 vide order dated 30.08.2022, the petitioner no.2 agreed to pay Rs.3000/- per month to the O.P. No.2. Petitioners have one criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since the informant has been paid interim maintenance granted by a co-ordinate bench of this Court, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the
Patna High Court CR. MISC. No.42291 of 2022(2) dt.29-11-2022 3/3 like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Dumra P.S. Case No.77 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T