Subhash Jha @ Subhash Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3203 of 2023 Arising Out of PS. Case No.-162 Year-2022 Thana- PANDAUL District- Madhubani ====================================================== Subhash Jha @ Subhash Kumar Jha Son of Sri Hemkar Jha R/v- Dhaush, P.S.- Pandaul, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaishnavi Singh For the State :

Mr. Pranav Kumar For the Informant :

Mr. Vinay Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 29-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Pandaul P.S. Case No. 162 of 2022, registered for the offences punishable under Sections 302 and 304B/34 of the IPC. As per the FIR, it is alleged that the daughter of the informant was killed by all the accused persons, including the petitioner being the husband of the deceased within one year of the marriage, for non-fulfillment of dowry demand. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that during trial, four material

2/4 witnesses including the father/informant have been examined, but none of them have supported the prosecution case. He further submits that the petitioner has been languishing in jail since 17.10.2022.

It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

However, learned APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the deposition of the witnesses during trial, this application is allowed, directing the petitioner, above- named, to be enlarged on bail on his furnishing bail bonds in the sum of 10,000/- (Ten Thousand) with two ₹ sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Pandaul P.S. Case No. 162 of 2022, on the following conditions:

(i) The petitioner will make himself available for

3/4 interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioner has concealed his criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.

4/4 Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) Amrendra/- U T