High Court Patna High Court - Orders

Rajnish Kumar Jha vs State Of Bihar &Amp; Anr on 12 October, 2010

Patna High Court – Orders
Rajnish Kumar Jha vs State Of Bihar &Amp; Anr on 12 October, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.33675 of 2010
               RAJNISH KUMAR JHA son of Shawatambar Jha, resident of village-
                       Shukhsena, P.S. Barhara, Dist-Purnia
                                                 Versus
           1. STATE OF BIHAR
           2. Smt. Dezy Devi daughter of Subhash Chandra Jha, resident of Mohalla-
              Mirchaibari, Ambedkar choke, Nagarpalika Ward No.2, P.S.and District-
              Katihar.
                                    -----------

2 12.10.2010 Heard learned counsel appearing on

behalf of the petitioner, learned counsel

appearing on behalf of the State and Mr.

Ajay Kumar, learned counsel for the

complainant.

Petitioner is apprehending his arrest

in connection with Complaint Case No.541 of

2010 for the offence punishable under

Sections 498A, 420, 379 and 494 of the

Indian Penal Code and 3/4 of Dowry

Prohibition Act.

Learned counsel for the petitioner

submits that cognizance has been taken by

the Court below under Section 498A and

Section 3/4 of the Dowry Prohibition Act.

Substance of allegation as set out in

the complaint petition alleges torture,

physical and mental harassment of the

complainant at the hands of the petitioner
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who is the husband of the complainant. It

is alleged that not only the petitioner has

caused physical discomfort to the

complainant and her daughter but has also

caused extreme mental stress on them and has

completely failed in his responsibilities as

a husband and as a father. It is alleged

that the petitioner has also been using foul

language against the complainant and has

threatened the complainant and their

daughter with dire consequences.

Learned counsel for the petitioner

while denying the allegations as set out in

the complaint, submits that the petitioner

is willing for any adjustment and also for

restoration of the matrimonial harmony

between the parties. He submits that it is

the complainant who is not willing to stay

with him. It is contended that even at the

stage of consideration of his prayer by the

Court below the petitioner had expressed

his willingness for restoration of the

matrimonial harmony but the same was not

positively responded by the complainant who

herself has backed out from any kind of
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reconciliation.

Learned counsel for the complainant

submits that having suffered at the hands of

the petitioner since after the marriage took

place on 24.11.2008, the complainant was yet

apprehensive about the conduct of her

husband and whether he would honour the

commitments of being a good husband and a

good father to his child as was being

demonstrated before this Court. He submits

that it is in this background that the

complainant did not show any willingness at

the earlier stage for return to the

matrimonial home.

Learned counsel for the complainant

further submits that if the petitioner is

ready to mend his ways and to discharge the

responsibility of a husband and a father

then she would be prepared to give another

trial to their marriage, and would not be a

cause for any disharmony.

Taking into consideration that both the

parties who are adults, have lived together

and who also have a child from the wedlock,

are prepared for restoration of the
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matrimonial harmony, I am of the opinion

that the relationship should be given

another chance with a positive intent by

both the parties before they take any final

decision in regard to their relationship.

In the circumstances and taking into

consideration the submissions of learned

counsel appearing for the petitioner and

learned counsel for the complainant, let the

petitioner namely, Rajnish Kumar Jha, in the

event of his arrest or surrender within four

weeks from the date of receipt/production of

a copy of this order before the Court below,

be released on bail for a period of six

months from the date of production of the

order before the Court below on furnishing

bail bond of Rs.10,000/- (ten thousand) with

two sureties of the like amount each to the

satisfaction of the Sub-Divisional Judicial

Magistrate, Katihar in connection with

Complaint Case No.541 of 2010 subject to the

conditions stipulated in Section 438(2) of

the Code of Criminal Procedure.

The parties in conformity with their

undertakings would present themselves before
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the learned Court in Seisen of the matter on

1.11.2010 and the learned court below after

recording the commitment of the petitioner

of keeping the complainant and their

daughter with full care and dignity and of

discharging his duties and responsibilities

as a father and a husband, permit them to

proceed for their matrimonial home.

The Court below shall thereafter

fix a date for the next six months in the

first week of each month when both the

parties shall appear to apprise the Court

regarding the status of the relationship. If

the petitioner, as per his undertaking

before this Court satisfies the Court below

of having discharged his duty of a good

husband and a caring father in the next six

months following, the bail granted by this

Court shall stand confirmed. However, if the

petitioner defaults and fails to honour his

commitments, and the Court below is

satisfied that the undertaking given by the

petitioner was an empty formality to secure

bail and that he has continued with the

harassment and torture of the complainant
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and their daughter, the Court below shall be

at liberty to take steps to initiate

proceedings for cancellation of his bail

bonds on grounds of misuse.

Before parting with this order, this

Court would also like to put on record that

both the parties shall always bear in mind

the future of their daughter and their duty

as a parent. I would also like to put on

record that as the marriage between the

parties is relatively recent, the learned

Court below in seisen of the matter shall

also make all efforts including process of

mediation, if required and parties are

willing, to bring about an amicable

resolution of the dispute between the

contesting parties.

Bibhash                                                  (Jyoti Saran, J.)