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Ajit Jha @ Ajit Kumar Jha v. The State of Bihar

Patna HC2 May 2023CR. MISC./23230/2022

Case brief

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What is this about?

The Patna High Court granted anticipatory bail to the petitioner in an alleged Section 498A case. Conditions for bail included a monthly payment of Rs. 3,000 to the wife, with provisions for bail cancellation upon default, and directions for potential mediation.

What did the court decide?

Petitioner released on bail in case of arrest or surrender within six weeks, conditioned upon furnishing an sureties, posting a Rs. 3,000/month payment to the opposite party for two months or else bai

Ajit Jha @ Ajit Kumar Jha Vs The State of Bihar — Dowry and Cruelty | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23230 of 2022

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Arising Out of PS. Case No.-669 Year-2019 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi

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======================================================

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AJIT JHA @ AJIT KUMAR JHA S/o Mangani Jha Resident of VillageHarpur Kala, P.S.- Majorganj, District- Sitamarhi.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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Sudha Devi @ Renku Jha W/o Ajit Jha At present resident of VillageHarpur Kala, P.S.- Majorganj, District- Sitamarhi.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner : Mr. Virendra Kumar, Advocate For the State : Mr. Pradeep Narain Kumar, APP For O.P. No.2 : Mr. Surendra Kishore Thakur, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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5 02-05-2023 Heard learned counsel for the parties.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Section 498(A) of the Indian Penal Code.

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Petitioner, who is husband of opposite party no.2, is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

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It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drover her out of her matrimonial home nor tormented her over

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Patna High Court CR. MISC. No.23230 of 2022(5) dt.02-05-2023 2/3

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the demand of dowry. He is still ready to keep her with full honour and dignity. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar , reported in 2006 (3) PLJR 182 .

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In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/(rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Sitamarhi in connection with Case No.CI-669/2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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Petitioner is ready to pay Rs.3000/- (rupees three thousand) per month to opposite party no.2 in the second week of every month. If petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned court below for cancellation of bail bond of the petitioner.

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It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial

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Patna High Court CR. MISC. No.23230 of 2022(5) dt.02-05-2023 3/3

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maintenance case or any other collateral proceedings.

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Learned counsel appearing on behalf of O.P. No.2 is directed to furnish the bank account details of O.P. No.2 in the learned court below.

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If so advised, either of the parties will be at liberty to make an application before the learned court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or for one time settlement.

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Accordingly, this application stands disposed of.

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(Anjani Kumar Sharan, J)

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S.KUMAR/-

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U T

Ajit Jha @ Ajit Kumar Jha v. The State of Bihar

Case brief

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Ajit Jha @ Ajit Kumar Jha v. The State of Bihar

Case brief

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