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Patna High CourtCR. MISC./11236/2016disposed

Sonu Jha @ Sanoo Jha v. The State Of Bihar

2016-04-01Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11236 of 2016 Arising Out of PS.Case No. -243 Year- 2015 Thana -MADHUBANI TOWN DistrictMADHUBANI ======================================================

1. Sonu Jha @ Sanoo Jha S/o Lal Jha aged about 33 years resident of Village- Nabtol Bharam, P.S.- Bhairabsthan, Distt- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar, Advocate For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 307/34 of the Indian Penal Code.

The basic accusation is of torture for nonfulfillment of dowry demand and making an attempt to administer poison to the informant.

On instruction it is submitted by learned counsel for the petitioner that the petitioner admits the

Patna High Court Cr.Misc. No.11236 of 2016 (2) dt.01-04-2016 marriage with the informant and he is ready to keep the informant as wife with full dignity and honour. Statement to that effect has been made in para- 10 of the petition which reads as follows:- "That petitioner is ready to keep and maintain the informant with full honour and dignity."

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Madhubani Town P.S. Case No. 243 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let the learned court below issue notice to the informant on her appearance the petitioner will take the informant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the informant gets reluctant to reconcile the

Patna High Court Cr.Misc. No.11236 of 2016 (2) dt.01-04-2016 issue; and (iii) or if the informant fails to appear before the learned court.

(Dinesh Kumar Singh, J) P.K./- U T