Praveen Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64045 of 2024 Arising Out of PS. Case No.-291 Year-2023 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Praveen Jha Son of Late Surya Mohan Jha Resident of Village - Dabhari (Adarsh Tola), P.S. - Pandaul, District - Madhubani, at present Flat No.304 Town B4 JP Classic 134 Noida.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Jhilmil Mishra Wife of Praveen Jha Resident of Village - Dabhari (Adarsh Tola), P.S. - Pandaul, District - Madhubani, at present resident of Chitragupta Colony, Nonia Tola, Ward No.-20, District - Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kripanand Jha, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner is apprehending his arrest in connection with C.R. Case No. 291 of 2023 registered for the alleged offences under Sections 341, 323, 498(A), 504, 506 and 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. As per prosecution case, allegation against the petitioner and other co-accused persons is that of demanding Rs. 50,00,000/- cash, a car and torturing the complainant in different ways.
Patna High Court CR. MISC. No.64045 of 2024(3) dt.17-12-2024 2/3
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The story made out by the complainant is not believable. The complainant does not want to live with the petitioner though the petitioner was ready and willing to keep his wife. However, the matter has been now compromised and an application for dissolution of marriage by mutual consent has been filed before the learned Principal Judge, Family Court, Madhubani and first motion has been recorded and an amount of Rs. 2,00,000/- has been paid to the opposite party no.2. Petitioner is having clean antecedent.
5. Learned APP opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the settlement between the parties and recording of first motion for divorce by mutual consent and also considering the clean antecedent of the petitioner, let the petitioner named above, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.64045 of 2024(3) dt.17-12-2024 3/3 satisfaction of learned Chief Judicial Magistrate, Madhubani/ court concerned, in connection with C.R. No. 291 of 2023, subject to the condition laid down under section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) balmukund/- U T