Manish Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.76099 of 2018 Arising Out of PS. Case No.-292 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Manish Jha ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-01-2019 Heard learned counsels for the parties.
The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under sections 147,148,149,341,323,379,506,504 and 498A of the IPC and Sections 3 and 4 of Dowry Prohibition Act.
The prosecution case as per the Fardbeyan of Anchal Devi, is to the effect that the marriage of the informant with the petitioner was performed in 2016, but there was further demand of dowry of a motorcycle and land and due to non-fulfillment of the same, torture was inflicted upon the informant. It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and is ready to keep her as wife with full dignity and honour.
Patna High Court Cr.Misc. No.76099 of 2018(2) dt.16-01-2019 2/3 Statement to that effect has been made in paragraph 13 of the petition which reads as follows:
"That it is stated that the petitioenr is still ready to take back the Informant with full love, care honour & dignity but she herself is not ready to comeback being highly amitions lady. The petitioner never talks wine and this allegation is denied."
Considering the present stand of the petitioner, let the petitioner above named be released on provisional anticipatory bail for six months in the event of arrest or surrender within six weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Muzaffarpur in connection with Ahiyapur P.S. Case No. 292 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C. Let the learned court below issue notice to the informant for her appearance. On her appearance, 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 the learned court below in three eventualities - (I) if the matrimonial harmony is substantially restored, or (ii) if the
Patna High Court Cr.Misc. No.76099 of 2018(2) dt.16-01-2019 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) anil/- U