Madan Mohan Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40620 of 2016 Arising Out of PS.Case No. -28 Year- 2014 Thana -MAHILA P.S. District- MADHUBANI ======================================================
1. Madan Mohan Jha Son of Late Kusum Narayan Jha, permanent resident of Village- Belauja, P.S.- Bisfi District- Madhubani, presently resident of Village - Santunagar, P.S.- Madhubani Town, District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-09-2016 The petitioner being father of the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 498A, 504, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
The basic accusation is of torture for nonfulfilment of dowry demand. It is also alleged that accused persons assaulted the informant.
It is submitted by learned counsel for the petitioner that accusation is omnibus and general against the entire in-laws family including the petitioner. The husband of the informant was initially granted provisional bail vide Cr. Misc. No. 32262 of 2014 but it was subsequently confirmed on restoration of matrimonial harmony. The informant, at present, is residing with her husband and a compromise petition has
Patna High Court Cr.Misc. No.40620 of 2016 (2) dt.20-09-2016 2/2 also been filed before learned Court below. A statement to that effect has been made in para 12 of the petition. Considering the fact that the issue has been reconciled between the informant and her husband, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Madhubani in connection with Mahila P.S. Case No. 28 of 2014, G.R. No. 1054 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T