Ajit Kumar Jha v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.8374 of 2017 (2) dt.27-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8374 of 2017 Arising Out of PS.Case No. -100 Year- 2016 Thana -MAHILA PS District- DARBHANGA ======================================================

1. Ajit Kumar Jha, Son of Anil Kumar Jha, Resident of VillageBrahampura, P.S.- Manigachhi, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Archana Kumari, wife of Ajit Kumar Jha, Daughter of Vishambhar Chaudhary, Resident of Manora, P.S.- Bahadurpur, District- Darbhanga. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Darbhanga Mahila Police Station Case No. 100 of 2016, disclosing offences under Sections 323, 379, 504, 506, 498(A)/34 of the Indian Penal Code and Section 3/4 of the D.P. Act.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and he has falsely been implicated in this case by concocting the prosecution story on filthy grounds. In fact, O.P. No.2 is suffering from the disease namely Epilepsy and suppressing this

Patna High Court Cr.Misc. No.8374 of 2017 (2) dt.27-02-2017 fact, O.P. No.2 has performed marriage with the petitioner. On this count, the petitioner has already filed a Matrimonial Suit No. 785 of 2016 under Section 11 of the Hindu Marriage Act for declaring the marriage as null and void and for that only the petitioner has been implicated in this case. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on 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, Darbhanga, in connection with Darbhanga Mahila Police Station Case No. 100 of 2016, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T