Shambhu Nath Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69888 of 2024 Arising Out of PS. Case No.-131 Year-2024 Thana- KHAJAULI District- Madhubani ====================================================== Shambhu Nath Jha Son of Late Surendra Jha R/o Village- Pali Mohan, P.S.- Khajjauli, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratnakar Jha, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-01-2025 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner apprehends his arrest in a case registered under Sections 341, 323, 326, 307, 354, 498A, 504, 506/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. It is a case of dowry death.
4. As per prosecution case, it is alleged that due to nonfulfillment of demand of dowry, all the accused persons including this petitioner set the informant on fire as a result of which, she sustained burn injury, and during course of treatment, died.
5. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been
Patna High Court CR. MISC. No.69888 of 2024(4) dt.23-01-2025 2/2 implicated in the present case. Further submission is that petitioner is father-in-law of the deceased. Petitioner is victim of over implication. He is separate in mess and property and has never tortured the deceased nor demanded any dowry. Thrust of accusation is against husband of the deceased, who is already under custody since 15.01.2025. Petitioner has got no criminal antecedent.
6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of learned Sub-Divisional Judicial Magistrate, Madhubani in connection with G.R. No. 1379 of 2024, arising out of Khajauli P.S. Case No. 131 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Singh, J) utkarsh/- U T