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2025 DAILYLAW 96423 (PAT)

Dev Chandra Jha @ Devch Jha v. The State of Bihar

CR. MISC./22232/2025 · 2025-04-28

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22232 of 2025 Arising Out of PS. Case No.-414 Year-2023 Thana- COMPLAINT CASE - JHANJHARPUR District- Madhubani ====================================================== 1. Dev Chandra Jha @ Devch Jha son of Late Jantri Lal Jha @ Jayanti Lal Jha Resident of Village -Prasad PS -Madhepura, Dist- Madhubani 2. Amira Devi Wife of Devchandra Jha Resident of Village -Prasad PS -Madhepura, Dist- Madhubani 3. Neeraj Kumar Jha @ Niraj Jha son of Dev Chandra Jha Resident of Village -Prasad PS -Madhepura, Dist- Madhubani ... ... Petitioner/s Versus 1. The State of Bihar 2. Puja Jha @ Puja Kumari Wife of Dhiraj Kumar Jha Resident of Village -Prasad PS -Madhepura, Dist- Madhubani At P/A- Daughter of Trilok nath Jha, village- Tamuriya, Ps- Lakhnaur, Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Ramchandra Jha Raman, Advocate For the State : Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 28-04-2025 Heard Mr. Ramchandra Jha Raman, learned counsel appearing on behalf of the petitioners and Mr. Umeshanand Pandit, learned A.P.P. appearing on behalf of the State. 2. The petitioners apprehend their arrest in a complaint case registered for the offence punishable under Sections 498A and 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. 3. The prosecution case, in brief, is that marriage of the complainant was solemnized with co-accused Dheeraj Patna High Court CR. MISC. No.22232 of 2025(2) dt.28-04-2025 2/3 Kumar Jha as per Hindu rites and rituals and thereafter, the complainant gave birth to a girl child out of the wedlock. It is alleged that after marriage, all the accused persons named in the complaint petition, including these petitioners, subjected the complainant to cruelty and harassment due to non-fulfillment of demand of dowry and later, ousted her from her matrimonial house. 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Petitioner No. 1 is father-in-law, Petitioner No. 2 is mother-in-law and Petitioner No. 3 is brother- in-law of the complainant. Petitioners are victim of overt implication. Petitioners are separate in mess and property and have got no concern with the affairs of the complainant and her husband. Thrust of accusation is against husband of complainant. Petitioners claim clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 6. Considering the general and omnibus nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed. Patna High Court CR. MISC. No.22232 of 2025(2) dt.28-04-2025 3/3 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged 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 S.D.J.M., Jhanjharpur, District- Madhubani in connection with Jhanjharpur Complaint Case C.R. No. 414 of 2023, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T