Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10949 of 2011 ====================================================== Maurice Anthony Godfrey Disney @ Maurice Disney .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.13777 of 2011 ====================================================== Dyna Sharma @ Diana Sharma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11 27-08-2012 Heard learned counsels for the petitioner and the State. The petitioners being the husband and sister of the husband of the informant are apprehending arrest in a case registered for the offences punishable under [STATUTE] and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture. There is child also out of wedlock who is in custody of the husband. The matter was referred to the Mediation Center. The report of the Mediation Center (Flag-A) reflects that the husband is ready to keep the informant as wife with full dignity and honour but the offer of the petitioner is not acceptable to the informant, today also similar is Patna High Court Cr.Misc. No.10949 of 2011 (11) dt.27-08-2012 2/3 the stand of the informant who is present in the court as she is apprehensive about the past conduct of the husband. The informant is further perturbed with the custody of the child being given by the husband to his sister. The relevant part of the report of the Mediation Center reads as follows:- “Both the party present alongwith the child of the petitioner. The opposite party no.2 is not in positions to go to the husband’s house and other hands husband ready to keep her as wife with full dignity and honour.” The petitioner husband is ready to pay Rs.2,500/- per month to the informant from October, 2012 by depositing the same in the bank account of the informant by second week of every month. The informant accepts the offer of the petitioner and is ready to supply her bank account number to the petitioner within a period of three weeks by filing the same on affidavit before the learned court below. Considering the stand of the petitioner husband, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. Patna High Court Cr.Misc. No.10949 of 2011 (11) dt.27-08-2012 3/3 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Gaya, Civil Lines P.S. Case No. 108 of 2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceeding. Three consecutive defaults in making payment by the petitioner will give liberty to the informant to file an application for cancellation of bail of the petitioner. The grant of bail to the petitioners will no way preclude the parties to reconcile the issue, if the informant changes her stand and files any application before the learned court below for resumption of conjugal life then learned court below will issue notice to the petitioner when the petitioner husband will take the informant to her matrimonial house to keep her as wife with full dignity and honour. So far as custody of child is concerned, the informant is at liberty to agitate the issue in appropriate proceeding. Amrendra/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.