Ful Kumar Jha @ Phool Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83398 of 2023 Arising Out of PS. Case No.-1390 Year-2022 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== 1.

FUL KUMAR JHA @ PHOOL KUMAR JHA SON OF VIDYANAND JHA RESIDENT OF ADITYAPUR-2, HOUSE NO.621, ROAD NO.7, P.S. - R.I.T. JAMSHEDPUR, DISTRICT - WEST SINGHBHUM, JHARKHAND 2.

REKHA DEVI WIFE OF FUL KUMAR JHA @ PHOOL KUMAR JHA RESIDENT OF ADITYAPUR-2, HOUSE NO.621, ROAD NO.7, P.S. - R.I.T. JAMSHEDPUR, DISTRICT - WEST SINGHBHUM, JHARKHAND ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

ANUPAM KUMARI WIFE OF RAVI NARAYAN JHA, D/O. CHANDRASHEKHAR THAKUR RESIDENT OF ADITYAPUR-2, HOUSE NO.621, ROAD NO.7, P.S. - R.I.T. JAMSHEDPUR, DISTRICT - WEST SINGHBHUM, JHARKHAND. AT PRESENT - VILLAGE AND POST - CHAINPUR, P.S. - BANGAON, DISTRICT - SAHARSA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-01-2024 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Complaint Case No. 1390 of 2022 registered for the offence punishable under Sections 341, 323, 406, 498(A), 504, 506 and 34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Prosecution case, in short, is that the accused persons along with others having hatched a conspiracy, started to torture the complainant due to non-fulfillment of demand of dowry. A demand of 30 lakhs as dowry for construction of a house is said

Patna High Court CR. MISC. No.83398 of 2023(2) dt.18-01-2024 2/2 to have been made by the accused persons from the complainant.

Learned counsel for the petitioners has submitted that the petitioners are father-in-law and mother-in-law of the complainant. They have no concern with day-to-day affairs of the couple. They are the persons of clean antecedent. On the otherhand, learned counsel for the complainant opposed the prayer for anticipatory bail submitting that there is allegation of torture and assault also against the petitioners. Considering the above-mentioned facts and circumstances of the case, specially to the fact that they are the persons of clean antecedent, let the petitioners named above, in the event of their arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Saharsa in connection with Complaint Case No. 1390 of 2022 subject to the conditions as laid down under Section 438 of the Cr.P.C.

(Nawneet Kumar Pandey, J) A.K.V.//- U T