Sumit Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67109 of 2021 Arising Out of PS. Case No.-24 Year-2021 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Sumit Jha S/o Binod Jha Resident of Village Salampur, P.S. Falka, DistrictKatihar. At present residing at R/o Maha Lakshmi Residency, Wing - B, Building No. 2, Flat No. 301, Chandansar, P.S. - Birar East, District - Palghar,Maharstra.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Swati Jha W/o Sumit Jha , D/o Varun Kumar Jha Quarter No. -198, P.T.S., N.T.P. C. Colony, Kahalgaon, P.S. NTPC, Kahalgaon, District - Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranav Kumar Jha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-01-2026 Heard the parties.

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Bhagalpur Mahila P.S. Case No. 24 of 2021 registered for the offences punishable under Sections 323, 341, 498A, 504, 34 of the Indian Penal Code and Section 3⁄4 of D.P. Act.

3. The allegation against petitioner is to commit cruelty upon informant for non-fulfillment of demand of money.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner who is the husband

Patna High Court CR. MISC. No.67109 of 2021(5) dt.08-01-2026 2/3 of the informant is presently posted in ISRO, Department of Space under Prime Minister Office, as Senior Assistant, BGrade Officer in Mumbai. It is pointed out that the parents of petitioner who are old and ill started to live with his son, which was not accepted by informant, therefore, upon instigation of her parents, the present false case was lodged. It is pointed out that recently a heart surgery was also conducted on this petitioner. It is pointed out that the allegation as raised through FIR, is completely ornamental and also appears raised in very general and omnibus manner. While concluding arguments, it is submitted that petitioner is a man of clean antecedent.

5. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail submitted that this matter is pending since 2021, and in last 4-5 years the matter was referred two time for mediations, but same could not concluded logically. It is conceded that the petitioner is paying Rs. 13,000/- per month regularly as ad-interim maintenance in terms of the order of family court, Bhagalpur, including Rs. 2,000/- as legal expenditure to complainant.

Patna High Court CR. MISC. No.67109 of 2021(5) dt.08-01-2026 3/3

6. In view of aforesaid factual submissions and by taking note of fact as allegation qua cruelty appears raised in very general and omnibus manner against petitioner, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM II, Bhagalpur /concerned Court, where the case is pending in connection with Bhagalpur Mahila P.S. Case No. 24 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.

(Chandra Shekhar Jha, J) S.Tripathi/- U T