Rajeev Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64995 of 2018 Arising Out of PS. Case No.-57 Year-2018 Thana- JALE District- Darbhanga ====================================================== Rajeev Jha S/o Bimal Jha Resident of Mohalla/Vill-Muraitha,P.S. Jalley ,Distt.-Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha For the Opposite Party/s :

Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Jalley P.S. Case No. 57 of 2018 registered for the offence punishable under Sections 304B, 302/34 of the Indian Penal Code.

Informant in his written complaint has alleged killing of his daughter due to non fulfillment of demand of dowry by petitioner alongwith FIR named accused.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that petitioner never demanded dowry or subjected her to cruelty. The post mortem report has been annexed with supplementary affidavit filed on behalf of the petitioner in which death has been opined due to Asphyxia as a result of hanging. Similarly, situated co-accused person has been

Patna High Court Cr.Misc. No.64995 of 2018(3) dt.22-11-2018 2/2 granted bail by a co-ordinate bench of this Court vide order dated 17.09.2018 in Criminal Miscellaneous No. 57486 of 2018. Petitioner has got no criminal antecedent and is in custody since 26.05.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Darbhanga, in connection with Jalley P.S. Case No. 57 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U