Ashish Kumar Jha @ Chandan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62919 of 2022 Arising Out of PS. Case No.-73 Year-2021 Thana- MAHILA P.S. District- Madhubani ====================================================== ASHISH KUMAR JHA @ CHANDAN Son of Nagendra Jha Resident of Village and Post- Jamsam, P.S.- Pandaul, District- Madhubani, also at D-18, Anand Kishori Nagar, Near Naka No-8 Chuna Bhatti Laxmisagar,P.S.- university Darbhanga-846009 ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

SONAM KUMARI Wife of Shri Ashish Kumar Jha, D/O Shri Anil Kumar Resident of Tirhut Colony, Ward No.-21,P.O and P.S. and DistrictMadhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shantanu Kumar, Adv.

For the Opposite Party/s :

Ms.Indu Kumari Srivastava, APP.

Mr. Ratanakar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 313, 498A, 34 of the Indian Penal Code and Section 3⁄4 of D.P. Act.

3. Petitioner, who is husband of informant, is said to have tortured upon her physically and mentally and pressurized her to make signature on divorce paper in association of his family members over the dowry demand.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no

Patna High Court CR. MISC. No.62919 of 2022(5) dt.08-01-2024 2/3 offence. Petitioner has neither made any dowry demand nor tormented her over the demand of dowry. It is further submitted that petitioner is ready to pay Rs. 5000/- per month to the informant, as mentioned in Para 8 of the supplementary affidavit. He has no criminal antecedent.

5. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Mahila P.S. Case No. 73 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6. Petitioner is ready to pay Rs. 5,000.00 (Rupees Five Thousand) per month to the informant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

7. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial

Patna High Court CR. MISC. No.62919 of 2022(5) dt.08-01-2024 3/3 maintenance case or any other collateral proceedings.

8. Learned counsel for the informant is directed to furnish the bank account details of the informant. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the informant after she furnishes her bank account details.

9. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

10. With the aforesaid observation and direction, this application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- U T