Jitendra Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63796 of 2023 Arising Out of PS. Case No.-226 Year-2023 Thana- MAHUA District- Vaishali ====================================================== JITENDRA JHA S/O MAHESH JHA VILLAGE BISHNUPUR BEJHA, PS MAHUA, DISTRICT VAISHALI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sachina For the Opposite Party/s :
Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-10-2023
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Mahua P.S. Case No. 226 of 2023 dated 10/04/2023 registered under Sections 302, 201, 120(B) / 34 of the I.P.C.
3. As per the First Information Report the marriage of the informant's sister was solemnized with the co-accused / Dharmendra Jha about nine years ago. It has further been stated that out of the wed lock the sister of the informant gave birth to three children. The allegation is of demand of dowry by the petitioner and other family members. On 09-04-2023 the informant got information from a person that his sister has been killed by her in-laws
Patna High Court CR. MISC. No.63796 of 2023(2) dt.18-10-2023 2/3 and upon inquiry came to know that informant's sister was killed on 08/04/2023 in the night and dead body has clandestinely been disposed.
4. Learned counsel for the petitioner submits that petitioner is the brother of the husband of the deceased. The deceased's husband is in jail. The allegation against the petitioner of demand of dowry is general and omnibus in nature. The family members of the deceased participated in the funeral and after two days of the death the F.I.R. has been lodged on 10-04-2023. The petitioner is living separately and is having no concern with the family affairs of his brother. He earns his livelihood by agriculture.
5. Regard being had to the submissions made by the parties, taking into consideration the fact that allegation against the petitioner is general and omnibus in nature and the husband of the deceased in already in jail, as such, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten
Patna High Court CR. MISC. No.63796 of 2023(2) dt.18-10-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali / concerned court in connection with Mahua P.S. Case No. 226 of 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T