Dilip Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39322 of 2015 Arising Out of PS.Case No. -89 Year- 2014 Thana -MAHILA P.S. District- MADHUBANI ======================================================

1. Dilip Jha Son of Bedanand Jha, resident of Jhitkoiya (Kataiya), P.S.- Basopatti, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Anjana Devi wife of Dilip Jha resident of Jhitkoiya (Kataiya), P.S.- Basopatti, District- Madhubani.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. S.D.Singh Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-08-2015 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 379, 34 of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the informant and birth of two children. Moreover the petitioner is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 16 of the petition which reads as follows:- "That petitioner is ready to keep his wife with all respect."

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.39322 of 2015 (2) dt.27-08-2015 2/2 informant that informant is ready to accept the offer of the petitioner.

Both sides agree to appear before learned Court below on 5th of October, 2015, when the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour.

Considering the present stand of the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Madhubani in connection with Madhubani Mahila P.S. Case No. 89 of 2014. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the informant fails to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Shageer/- U T