Patna High Court – Orders
Om Prakash Jha vs The State Of Bihar on 16 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67453 of 2024 Arising Out of PS. Case No.-1081 Year-2022 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Om Prakash Jha S/o- Bimlesh Narayan Jha Resident of Village- Koriahi, P.S.- Sursand, District- Sitamarhi. ... ... Petitioner/s Versus 1. The State of Bihar 2. Simpy Kumari Jha Wife of Om Prakash Jha R/o- Koriahri Ps- Sursand Dist- Sitamarhi, R/o- Dhamiya Patti Ps- Devdha Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Rakesh Bihari Singh, Advocate For the O.P. No.2 : Mr. Ravi Prakash Dwivedi, Advocate For the State : Mr. Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 5 16-06-2025
Heard learned counsel for the petitioner, learned
counsel for the opposite party no.2 and learned APP for the
State.
2. The petitioner apprehends his arrest for the offences
punishable under Sections 341, 323, 379, 354B, 504 and
498A/34 of the Indian Penal Code and Section ¾ of the Dowry
3. The prosecution case is based upon the complaint
petition in which allegation of demand of dowry and torture has
been made. The petitioner is the husband.
4. It is submitted by learned counsel for the petitioner
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that the allegations made in the complaint are totally false. As a
matter of fact, the petitioner is ready to keep the complainant/
opposite party no.2 in his house with full honour and dignity. It
is further stated that the matter was earlier referred to the Patna
High Court Mediation Center for an amicable settlement be-
tween the parties but the mediation process has failed. It is fur-
ther submitted that the petitioner is ready for one time settle-
ment. Learned counsel for the opposite party no.2 informs that
there is one daughter out of the said wedlock, who is staying
with the opposite party no.2.
5. At this stage, the petitioner offers to give Rs.4,000/-
(Rupees Four Thousand) per month to the opposite party no.2 in
the first week of every month. It goes without saying that the
aforesaid payment shall be subject to any order passed in matri-
monial maintenance case or any other collateral proceedings.
5. In such view of the matter, let the above named pe-
titioner, be released on bail, in the event of his arrest or surren-
der before the learned Court below within a period of four
weeks from today, on furnishing bail bonds of Rs.10,000/- (Ru-
pees Ten Thousand) with two sureties of the like amount each to
the satisfaction of learned Court below where the case is pend-
ing/successor Court in connection with Complaint Case
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No.1081 of 2022, subject to the condition as laid down under
Section 438 (2) of the Cr.P.C.
6. Learned counsel for the opposite party no.2 is di-
rected to make available the bank account details of opposite
party no.2 to the petitioner within a period of two weeks from
today. If the opposite party no.2 furnishes the bank account in
which the amount can be transferred, and yet the petitioner fails
to give the aforesaid amount on two consecutive dates to oppo-
site party no.2, the opposite party would be at liberty to file an
application for cancellation of bail bonds of the petitioner.
7. Accordingly, this application stands disposed of.
(Soni Shrivastava, J)
Trivedi/-
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