Sarojanand Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54521 of 2017 Arising Out of PS.Case No. -526 Year- 2015 Thana -BAHERA District- DARBHANGA ====================================================== Sarojanand Jha, Son of Krishna Jha, Resident of village- Maubehat, P.S. Manigachhi, District- Darbhanga.
.... .... Petitioner
Versus
1. The State of Bihar.
2. Aarti Devi, W/O Sarojanand Jha, D/O Raj Narayan Mishra, R/V_ Ramoli, P.S. Bahera, District-Darbhanga.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Dharmendra Jha, Advocate. For the State : Mr. Satyadev Prasad Singh Yadav, A.P.P. For the O.P. No. 2 : None.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-01-2018 Heard learned counsel for the petitioner, learned A.P.P. for the State. None appears for the opposite party no. 2. The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A), 506/34 of the IPC and 3⁄4 of the D.P. Act.
The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the
Patna High Court Cr.Misc. No.54521 of 2017 (3) dt.08-01-2018 2/2 petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Benipur, Darbhanga, in connection with Bahera P.S. Case No. 526 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T