Om Prakash Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16328 of 2020 Arising Out of PS. Case No.-198 Year-2017 Thana- BAHERA District- Darbhanga ====================================================== Om Prakash Jha, aged about 38 years, Male, son of Krishna Kumar Jha, Resident of Village - Mahinam, Police Station - Bahera, District - Darbhanga. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Radha Devi, wife of Om Prakash Jha, Daughter of Bauya Kant Jha, Resident of Village - Manigachhi, P.S. - Manigachhi, District - Darbhanga. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-10-2021 Heard learned counsel for the parties.

The petitioner seeks anticipatory bail in connection with Bahera P.S. Case No.198 of 2017 (G.R. No.224 of 2017) registered for the offences under Sections 498(A), 494, 323, 325/ 34 of the Indian Penal Code and cognizance has been taken under Section 498(A), 494, 323, 325/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is ready to keep the opposite party no.2 with full honour and dignity.

In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before

Patna High Court CR. MISC. No.16328 of 2020(2) dt.28-10-2021 2/3 03.11.2021 and thereafter both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and number to opposite party no.2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Benipur, Darbhanga, in connection with Bahera P.S. Case no. 198 of 2017 (G.R. No.224 of 2017) subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

After completion of three months, both the parties will again appear before the learned Court below. The Court below will verify the conduct of both the parties and thereafter take a decision either to confirm the provisional bail or to cancell the same in the facts of the case.

Till filling of the application by both the parties in the Court below, no coercive step will be taken against the

Patna High Court CR. MISC. No.16328 of 2020(2) dt.28-10-2021 3/3 petitioner in connection with aforesaid case. With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) pawan/- U T