Akhilesh Chandra Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47593 of 2014 Arising Out of PS.Case No. -85 Year- 2014 Thana -MAHISI District- SAHARSA ====================================================== Akhilesh Chandra Jha son of Birendra Narayan Jha @ Bachha Jha, Resident of village- Babu Babhani, P.S.- Gamhariya, District- Madhepura .... .... Petitioner/s

Versus

1. The State of Bihar

2. Lucy Devi, wife of Akhilesh Chandra Jha, Daughter of Residing at Village- Mahishi, P.S.- Mahishi, Dist.- Saharsa .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Kumar Singh, Advocate For the Opposite Party/s : Mr. Anzarul Haque Sahara (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-06-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A, 341, 323, 379, 504/34 of the Indian Penal Code.

The basic accusation is of torture.

The marriage between the petitioner and the informant and birth of two children are admitted facts. Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.47593 of 2014 (3) dt.22-06-2015 2/3 petitioner is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 9 of the petition which reads as follows:- "........that the petitioner is always ready to keep the informant with full dignity and honour...."

Learned counsel for the informant submits that the informant accepts the offer of the petitioner. 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 arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Mahishi P.S. Case No.85 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Both sides undertake to appear before the learned court below on 14th July 2015 when 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 by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the

Patna High Court Cr.Misc. No.47593 of 2014 (3) dt.22-06-2015 3/3 informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Ashwini/- U T