Patna High CourtCR. MISC./28606/2015bail granted

Vidyaker Kumar Jha @ Vidyaker Jha @ Vidhaker Kumar Jha v. The State Of Bihar

2016-01-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28606 of 2015 Arising Out of PS.Case No. -119 Year- 2013 Thana -ASHOK PAPER MILL DistrictDARBHANGA ====================================================== Vidyaker Kumar Jha @ Vidyaker Jha @ Vidhaker Kumar Jha son of Uday Kant Jha Resident of Village/Mohalla - Lakhanpatti, P.S. Nagar, District - Madhubani.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Amit Kumar, Advocate.

For the Opposite Party : Mr. Md.Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-01-2016 Heard both sides.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act. The informant made allegation that the petitioner being her husband subjected her to physical and mental torture due to non-fulfillment of demand of dowry.

It is submitted that the informant was earlier married with the elder brother of the petitioner. After death of the elder brother of the petitioner, the informant was married with the petitioner. The victim already died due to accidental burn injury. The petitioner was also made accused in a case under Section

Patna High Court Cr.Misc. No.28606 of 2015 (5) dt.04-01-2016 2/2 304B of the Indian Penal Code and had already been acquitted in Sessions Trial No. 37 of 2014 by the learned 4th Additional Sessions Judge, Madhubani.

Considering the facts aforesaid and the fact that the victim has already died and for her death the case under Section 304B of the Indian Penal Code was also registered against the petitioner in which he was acquitted, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Darbhanga in Ashok Paper Mill P.S. Case No. 119 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T