Pinku Jha And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48027 of 2014 Arising Out of PS.Case No. -1807 Year- 2010 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================
1. Pinku Jha Son of Umesh Jha
2. Umesh Jha Son of Late Kanchmani Jha
3. Manorma Devi Wife of Umesh Jha All Resident of Village-Soha, P.S.- Sonbarsa Raj, District-Saharsa.
.... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Pawan Kumar For the Opposite Party : Mr. Arun Kr.Singh 5(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-02-2015 Heard learned counsels for the petitioners and the State.
Petitioners being husband and parents of the husband of the complainant are apprehending their arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the I.P.C.
The basic accusation is of torture.
On instructions, it is submitted by learned counsel for the petitioners that petitioner No.1 is ready to keep the complainant as wife with full dignity and honour. Considering the present stand of the petitioner No. 1, let the petitioner No.1, 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.
Patna High Court Cr.Misc. No.48027 of 2014 (2) dt.11-02-2015 2/2 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Complaint Case No. 1807 of 2010. Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner No. 1 will take the complainant to her matrimonial house to keep her as wife with full dignity and honour.
The provisional anticipatory bail of the petitioner No. 1 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 complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue. Considering the present stand of petitioner No.1, let the petitioner Nos. 2 and 3, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Complaint Case No. 1807 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T