Girja Nand Jha @ Girija Nand Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73251 of 2022 Arising Out of PS. Case No.-807 Year-2021 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Girja Nand Jha @ Girija Nand Jha, Son Of Late Surendra Jha R/V- Belounja, P.S- O.P- Patauna (Bisfi) Dist- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jyoty Jha, Daughter of Sunil Jha R/V- Sohans, P.s- O.P- Patauna (Bisfi) Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Soban Asghar- Advocate For the State :

Mr.Yogendra Kumar Singh- A.P.P.

For the Informant :

Ms. Kumari Pallavi- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 498(A), 323, 341/ 34 of the Indian Penal Code.

The learned counsel for the petitioner, at the outset, submits that petitioner is the husband and from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant is staying in the same house with the petitioner and has also filed complaint case alleging that though petitioner keeps her properly, but when interference of his parents are made, then his behaviour changes.

The learned counsel for the petitioner submits that the allegations are false and concocted. It is further submitted that the informant does not want his parents to come. It is also submitted that

Patna High Court CR. MISC. No.73251 of 2022(3) dt.19-06-2023 2/2 if what has been alleged is true, then definitely the informant would have left the house, but since she is staying with the petitioner that in itself demonstrates that allegation of demand of dowry is false. It is further submitted that issue may be of compatibility, but then the informant does not allege that she has any issue of compatibility with the petitioner rather is aggrieved by the action of his family members.

The learned counsel for the informant and learned A.P.P. opposes the bail application, but are not in a position to rebut the submission of the leaned counsel for the petitioner. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bailbonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st, Madhubani in connection with C.R. No.807 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T