Gaurav Jha @ Gaurav Kumar Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46773 of 2014 Arising Out of PS.Case No. -1276 Year- 2013 Thana -MADHEPURA COMPALINT CASE District- MADHEPURA ====================================================== Gaurav Jha @ Gaurav Kumar Jha son of Ashok Jha Resident of village - Ganeshpur, Police Station - Puraini, District - Madhepura .... .... Petitioner/s

Versus

1. The State of Bihar

2. Puja Devi Daughter of Vijay Jha resident of village - Alam Nagar, Police Station - Alam Nagar, District - Madhepura .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Mr. Sharda Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 24-04-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A/34 of the Indian Penal Code.

The basic accusation is of torture.

On instruction it is submitted by learned counsel for the petitioner that the petitioner is ready to keep the complainant 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 the petitioner is ready to keep her wife with

Patna High Court Cr.Misc. No.46773 of 2014 (02) dt.24-04-2015 2/2 full dignity and honour."

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 Subdivisional Judicial Magistrate, Madhepura in connection with Complaint Case No. 1276 of 2013, 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 complainant on her appearance the petitioner will take the complainant 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 complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.

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