Jatashankar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64571 of 2019 Arising Out of PS. Case No.-88 Year-2019 Thana- BANGAWON District- Saharsa ====================================================== 1.

JATASHANKAR JHA Son of Late Sunder Jha Resident of Village - Murli Basantpur, P.S.- Bangaon, District- Saharsa 2.

Arhul Devi @ Arhul Jha Wife of Jatashankar Jha Resident of Village - Murli Basantpur, P.S.- Bangaon, District- Saharsa 3.

Chikku Kumar Jha @ Chikku Kumar Son of Jatashankar Jha Resident of Village - Murli Basantpur, P.S.- Bangaon, District- Saharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2019 Petitioners seek bail in anticipation of their arrest in connection with Bangaon P.S. Case No. 88 of 2019 registered for the offences punishable under Sections 304B and 302/34 of the Indian Penal Code.

Case is dowry death and petitioner No.1 happens to be father-in-law, petitioner No.2 happens to be mother-in-law and petitioner No.3 is Dewar of the deceased. From the impugned order it appears that death was caused due to strangulation. Submission of learned counsel for the petitioners is that no specific allegation has been attributed against any of them and petitioner No.2 is a lady aged about 69 years and

Patna High Court CR. MISC. No.64571 of 2019(2) dt.16-10-2019 2/2 petitioner No.3 is Dewar.

Heard learned APP also.

In view of above facts and circumstances, let petitioner Nos. 2 and 3, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, in connection with Bangaon P.S. Case No. 88 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. So far petitioner No.1 is concerned, in the facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to him. He may surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) spal/- U T