Raman Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81614 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- MAHILA P.S. District- Madhubani ====================================================== Raman Jha, son of Rajesh Kumar Jha @ Rajesh Jha @ Bauan Jha Resident of Village- Lorika, P.S.- Benipatti, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar @ Alok Kr Shahi For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The accusation is of making assault for nonfulfillment of dowry demand. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. It is further submitted that informant has suppressed this fact that she was earlier

2/4 married with some other person. The educational qualifications shown at the time of marriage are also fake and fabricated. The petitioner has already filed Divorce Case No. 201 of 2019 under Section 13 of the Hindu Marriage Act for dissolution of marriage. Hence, he is not in a position to live with the informant. It appears that on earlier occasions, learned counsel appearing on behalf of the informant had entered his appearance but today, none is appearing on behalf of the informant.

In the alternative, the petitioner is ready to make payment of Rs. 8000/- per month to the informant by depositing the same in her bank account by 1st week of every month.

The petitioner undertakes that he shall pay the monthly payment of Rs. 8000/- of this month i.e. April, 2022 to the informant before filing of the bail bonds and from May, 2022, he shall continue making payment of Rs. 8000/- per month by 1st week of every month in the

3/4 bank account of the informant.

The petitioner also undertakes that he shall take the necessary details of the bank account of the informant either from the counsel appearing on behalf of the informant or from his own resources.

Considering the aforestated facts, 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 thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Madhubani in connection with Madhubani P.S. Case No. 18 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 8000/- by the petitioner in the account of the informant.

4/4 The aforesaid payments will be subject to any order passed in matrimonial or maintenance proceedings.

(Sunil Kumar Panwar, J) Shageer/- U T