Mithilesh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29985 of 2014 Arising Out of PS.Case No. -17 Year- 2014 Thana -MAHILA P.S. District- PURNIA ======================================================

1. Mithilesh Jha Son of Late Shyam Nath Jha alias Lal Jha Resident of Village - Sosa, Police Station Ka Naga, Disd.-Purnea .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumari Ritambhara, Advocate For the Opposite Party/s : Mr. Aditya Nr.Singh 1(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-02-2015 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 342, 379, 307, 498A of the Indian Penal Code and 12 of The Protection of Women from Domestic Violence Act, 2005.

The accusation is of torture and making assault. 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. Learned counsel for the informant submits that the informant is ready to accept the offer of the petitioner. Both the petitioner and informant appear before the learned court below on 23rd of February, 2015 when the

Patna High Court Cr.Misc. No.29985 of 2014 (3) dt.06-02-2015 petitioner will take the informant to keep her as wife with full dignity and honour.

Considering the present stand of the parties, 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 Chief Judicial Magistrate, Purnea in connection with Sadar Mahila P.S. Case No. 17 of 2014, 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) P.K./- U T