Om Prakash Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67453 of 2024 Arising Out of PS. Case No.-1081 Year-2022 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Om Prakash Jha S/o- Bimlesh Narayan Jha Resident of Village- Koriahi, P.S.- Sursand, District- Sitamarhi.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Simpy Kumari Jha Wife of Om Prakash Jha R/o- Koriahri Ps- Sursand DistSitamarhi, R/o- Dhamiya Patti Ps- Devdha Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Rakesh Bihari Singh, Advocate For the O.P. No.2 : Mr. Ravi Prakash Dwivedi, Advocate For the State :
Mr. Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 16-06-2025 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.
2. The petitioner apprehends his arrest for the offences punishable under Sections 341, 323, 379, 354B, 504 and 498A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. The prosecution case is based upon the complaint petition in which allegation of demand of dowry and torture has been made. The petitioner is the husband.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.67453 of 2024(5) dt.16-06-2025 2/3 that the allegations made in the complaint are totally false. As a matter of fact, the petitioner is ready to keep the complainant/ opposite party no.2 in his house with full honour and dignity. It is further stated that the matter was earlier referred to the Patna High Court Mediation Center for an amicable settlement between the parties but the mediation process has failed. It is further submitted that the petitioner is ready for one time settlement. Learned counsel for the opposite party no.2 informs that there is one daughter out of the said wedlock, who is staying with the opposite party no.2.
5. At this stage, the petitioner offers to give Rs.4,000/- (Rupees Four Thousand) per month to the opposite party no.2 in the first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.
5. In such 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 four weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Complaint Case
Patna High Court CR. MISC. No.67453 of 2024(5) dt.16-06-2025 3/3 No.1081 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
6. Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 to the petitioner within a period of two weeks from today. If the opposite party no.2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, the opposite party would be at liberty to file an application for cancellation of bail bonds of the petitioner.
7. Accordingly, this application stands disposed of. (Soni Shrivastava, J) Trivedi/- U T