High Court Patna High Court - Orders

Neeraj Kumar Jha @ Neeraj Kumar vs State Of Bihar on 7 July, 2008

Patna High Court – Orders
Neeraj Kumar Jha @ Neeraj Kumar vs State Of Bihar on 7 July, 2008
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.24302 of 2008
                        NEERAJ KUMAR JHA @ NEERAJ KUMAR
                                            Versus
                                     STATE OF BIHAR
                                          -----------

2 7.7.2008. This is strange that inspite of recording the finding that the

parties have compromised their dispute and also that the informant is

residing with her family and also that she is now not willing to pursue

the case registered for offence under Section 498A of the Indian Penal

Code the Session Judge has rejected the prayer for anticipatory bail of

the petitioner who is husband of the informant. Rejecting application

for anticipatory bail for the sake of rejection is not good for the

judiciary and court below should consider the prayer for anticipatory

bail only when there is reason for that.

Considering the facts and circumstances of the case prayer

for anticipatory bail is allowed. The petitioner namely Niraj Kumar

Jha alias Neeraj Kumar is directed to surrender before the C.J.M.

Darbhanga within four weeks from today and on his so surrendering

he shall be enlarged on bail on his furnishing bail bond of Rs.10,000/-

(Ten thousand) with two sureties of the like amount each to the

satisfaction of C.J.M.Darbhanga in connection with Laheria Sarai

P.S.Case no.65 of 2006 subject to the condition as laid down under

Section 438(2) Cr.P.C.

(Mridula Mishra, J)
Sss/-