Ajeet Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76436 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- MAHILA PS District- Darbhanga ====================================================== Ajeet Kumar Jha Son of Hare Krishna Jha Resident of Village - Pilakhawar, P.S.- Raj Nagar, District - Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kalpana Jha Daughter of Parma Kant Choudhary Resident of Village - Bhawanipur, P.O.- Bhawanipur, P.S.- Biraul, District - Darbhanga ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Satyendra Kumar Srivastava For the Opposite Party/s :
Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner, informant and learned APP for the State.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 323, 498(A), 420/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
Patna High Court CR. MISC. No.76436 of 2019(5) dt.07-12-2021 2/3 The petitioner is husband of the informant.
The basic accusation is of torture for nonfulfillment of dowry demand and making assault. It is submitted by learned counsel for the petitioner that presently the informant is living with the petitioner in her matrimonial house as wife with full dignity and honour.
The aforesaid assertion of the learned counsel for the petitioner has not been controverted by the learned counsel appearing on behalf of the informant. Considering the aforesaid assertion of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Darbhanga in connection with Darbhanga Mahila P.S. Case No. 22 of 2019, subject to the
Patna High Court CR. MISC. No.76436 of 2019(5) dt.07-12-2021 3/3 conditions as laid down under Section 438(2) of the Cr.P.C.
At the time of executing the bail bonds, the petitioner shall produce the informant before the learned Court below. The Court below, after satisfying with the informant that she is presently residing with her husband as wife with full dignity and honour, shall allow the petitioner to execute the bail bonds.
(Sunil Kumar Panwar, J) Shageer/- U T