Rakesh Jha @ Rakesh Kumar Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22794 of 2018 Arising Out of PS. Case No.-692 Year-2017 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== RAKESH JHA @ RAKESH KUMAR JHA Son of Bachan Jha @ Bachchan Jha Resident of Village - Narauchha, P.S. Jale, District Darbhanga. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Guriya Kumari Wife of Rakesh Jha R/V Narauchha, P.S. - Jale, Dist. - Darbhanga. At present D/o Sri Silakant Jha, R/V - Parihar, P.S. - Parihar, Dist. - Sitamarhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No. 2. The petitioner is apprehending his arrest in a case registered under Sections 323, 324, 498A, 307, 506, 379/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act in which cognizance has been taken under section 498A of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court Cr.Misc. No.22794 of 2018(2) dt.17-04-2018 2/2 allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Complaint Case No. C-1/692/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T