Jwala Kumar Ranjan @ Shambhu Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41809 of 2014 Arising Out of PS.Case No. -570 Year- 2012 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Jwala Kumar Ranjan @ Shambhu Jha .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anju Jha, Advocate. For the Opposite Party : Mr. Anant Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-02-2015 Heard the learned counsels for the petitioner, complainant 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 Section 498(A) of the Indian Penal Code.

The accusation is of torture for nonfulfillment of dowry demand. 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, a statement to that effect has been made in paragraph no. 13 of the petition which

Patna High Court Cr.Misc. No.41809 of 2014 (2) dt.23-02-2015 2 / 3 reads as follows:- "13. That absolutely nothing as alleged in the complaint petition has even taken place. The petitioner and his family are respectable and peace loving persons and right from the day of her departure from their house they have been making efforts to bring her back and the petitioner is still ready to keep the complainant with full honour and dignity. The petitioner also sent a legal notice dated 17.05.2012 through his lawyer to the complainant to come back but all his efforts have gone in vein."

Learned counsel for the complainant submits that offer of the petitioner is acceptable to the complainant but she doubts the bonafide of the petitioner.

Both sides agree to appear before the learned court below on 09.03.2015 when the petitioner will take back the complainant to keep her as wife with full dignity and honour.

Considering the stand of the parties, let the petitioner, above named, be released on provisional anticipatory bail for six months in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Complaint Case No. 570 of 2012, T.R. No. 2677 of 2013 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Madhubani, subject to the conditions as laid down under Section 438(2) of the

Patna High Court Cr.Misc. No.41809 of 2014 (2) dt.23-02-2015 3 / 3 Code of Criminal Procedure.

The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities i.e., (i) if the matrimonial harmony is substantially restored within six months (ii) or the complainant fails to appear before the learned court below (iii) or she gets reluctant to reconcile the issue .

U.K./- (Dinesh Kumar Singh, J) U T