Patna High CourtCR. MISC./32313/2014disposed

Ritesh Jha v. State Of Bihar And ANR

2016-05-04Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32313 of 2014 Arising Out of PS.Case No. -110 Year- 2013 Thana -RUNISAIDPUR District- SITAMARHI =========================================================== Ritesh Jha son of Madhav Jha Resident of Village : - Baghari , P.S. Runnisaidpur District :- Sitamarhi .

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rupam Jha Wife of Ritesh Jha , son of Shankar Mishra, Resident of Village : Cangwara , P.S. : Runnisaidpur, Distt. : Sitamarhi .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 04-05-2016 Heard learned counsel for the parties.

The petitioner was earlier granted provisional bail by order dated 17.10.2014 and notice was issued to his wife i.e., opposite party no. 2. Today, the opposite party no. 2 is present in Court along with her counsel and submits that she is ready to go and live with the petitioner. Learned counsel for the petitioner also, categorically and in clear terms, submits that he is also ready to keep the opposite party no. 2 with him as his wife with full dignity, honour and security and shall also provide for all her needs.

In view of the agreement between the parties to live together and start a new chapter in their life, the present application

Patna High Court Cr.Misc. No.32313 of 2014 dt.04-05-2016 2/3 stands disposed off by confirming the provisional bail granted to the petitioner on 17.10.2014, subject to the following conditions:

1. The petitioner and the opposite party no. 2 shall appear before the Court below on 23rd May, 2016, along with a copy of this order, where the petitioner shall give an undertaking before the Court that he shall take the opposite party no. 2 to the matrimonial home and shall keep her with full dignity, honour and security and provide for all her needs. He shall also give an undertaking that the opposite party no. 2 shall be free to call, talk to and meet her relatives to which the petitioner and his family members shall not object. In case, there is any violation of the undertaking given by the petitioner or the opposite party no. 2 feels otherwise threatened or harassed either by the petitioner or his family members, she shall be at liberty to file a petition before the Court below and upon hearing the parties, appropriate orders shall be passed including cancellation of bail bonds of the petitioner.

2. The Court below shall thereafter fix dates in the case every month, when the petitioner and the opposite party no. 2 shall appear before it and the Court shall record a finding relating to the status of the relationship. After nine months, if the Court comes to the conclusion that the relationship has been restored, the provisional bail granted to the petitioner shall stand confirmed.

Patna High Court Cr.Misc. No.32313 of 2014 dt.04-05-2016 3/3

3. However, the liberty granted to the opposite party no. 2 to file a petition before the Court below in the abovementioned terms shall continue even after confirmation of bail to the petitioner. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR CAV DATE Uploading Date Transmission Date