Subhankar Jha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25587 of 2016 Arising Out of PS.Case No. -112 Year- 2016 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. Subhankar Jha son of Late Bhola Jha

2. Mala Jha wife of Subhankar Jha

3. Vishal Kumar Jha, son of Subhankar Jha All are resident of Village- Farsadangi, P.S.- Azamnagar (Salmari), Distt- Katihar.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 30-06-2016 Heard learned counsels for the petitioner and the State.

The petitioners being the parents and the brother of the husband of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 498A, 341, 307 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of the dowry demand. It is further alleged that the accused persons made an attempt to strangulate the informant. It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.25587 of 2016 (2) dt.30-06-2016 2/2 petitioners that the issue has been resolved between the informant and her husband on certain terms and conditions and a petition to that effect has been filed before the learned court below. The said compromise petition has been brought on record as Annexure-2 and considering the same the husband of the informant Amit Jha has been granted provisional anticipatory bail vide Cr. Misc. No. 25917 of 2016. It is further submitted that the thrust of accusation is against the husband of the informant.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Katihar in connection with Azamnagar (Salmari) P.S. Case No. 112 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T