Giridhar Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44699 of 2025 Arising Out of PS. Case No.-30 Year-2024 Thana- MAHILA P.S. District- Saharsa ====================================================== Giridhar Kumar Jha S/o- Ashok Jha Resident of Village- Daurma, Ward No. 2, P.S.- Bihra, District- Saharsa ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Lovely Kumari W/o- Giridhar Kumar Jha, D/o- Anil Kumar Jha VillageBariwan W.No-9, Ps- Basnahi Dist- Saharsa ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Patla Kumari, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP For the Informant :
Mr. Amarnath Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in connection with Mahila P.S. Saharsa Case No. 30 of 2024 instituted for the offences under Sections 126(2), 115(2), 85, 351(2) and (3), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the D.P. Act.
3. Allegation against the accused persons including the petitioner is that they demanded dowry from his wife and also abused and assaulted her for non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.44699 of 2025(2) dt.23-07-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submitted that there is a delay of 15 days in lodging the FIR without any plausible explanation, which in itself, raises doubt over the prosecution story. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that petitioner has already filed a divorce case vide Divorce Case No. 69 of 2024. Learned counsel further submitted that O.P. No. 2 has also filed a case for maintenance. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.04.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Court
Patna High Court CR. MISC. No.44699 of 2025(2) dt.23-07-2025 3/3 below/concerned Court in connection with Mahila P.S. Saharsa Case No. 30 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T