Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44321 of 2011 Rahul Kumar @ Rohit Kumar Versus The State Of Bihar & Anr ----------- 02 06.01.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 14.9.2011 in complaint case in which cognizance has been taken under [STATUTE] . Admittedly, petitioner is husband of the complainant and he has filed a case under section 9 of the Hindu Marriage Act before filing of Complaint Case No. 1104 of 2010. The submission on behalf of the petitioner is that the petitioner is still ready to keep the complainant with him and it is the complainant who does not want to lead her conjugal life with the petitioner. In view of the aforesaid circumstances, petitioner, namely, Rahul Kumar @ Rohit Kumar is directed to be released on provisional bail for a period of four months from the date of receipt of a copy of this order in connection with Complaint Case No. 1104 of 2010 on furnishing bail bonds of Rs. 5,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Rosera, Samastipur subject to the condition that after release of the petitioner from judicial custody, the the Sub divisional Judicial Magistrate, Rosera, Samastipur shall issue notice to the petitioner as well as complainant fixing a date for reconciliation and 2 shall take all possible steps to patch up the dispute of the parties and in the above stated attempt, if he succeeds to patch up the dispute of the parties, he shall pass order for confirmation of bail of the petitioner but if he fails due to rigid approach of the petitioner, then, in that event, provisional bail of the petitioner will not be confirmed by the court below. It goes without saying that if the aforesaid effort fails on account of rigid and non-cooperative approach of the complainant, the provisional bail of the petitioner shall be confirmed by the court below itself. Office should list this matter when any report is received from the Sub divisional Judicial Magistrate, Rosera, Samastipur. Shahid ( Hemant Kumar Srivastava, 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.