IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34012 of 2009 1. BHAGWAN LAL JHA, SON OF LATE BAL MUKUND JHA 2. KANTI DEVI, WIFE OF SRI BHAGWAN LAL JHA BOTH OF VILLAGE SANGI, P.S. PHULPRAS, DISTRICT MADHUBANI, AT PRESENT JAGAT NARAYAN ROAD, KADAMKUAN, P.S. KADAMKUAN, DISTRICT PATNA. --- PETITIONERS Versus 1. THE STATE OF BIHAR 2. RACHNA JHA @ BANTI, WIFE OF SANTOSH KUMAR JHA @ SANTOSH KUMAR, DAUGHTER OF SRI BIHARI JHA, ADVOCATE, VILLAGE KAITHANIA, P.S. MADHEPUR (R.S. SHIVIR) DISTRICT MADHUBANI. --- OPPOSITE PARTIES with Cr.Misc. No.7920 of 2010 SANTOSH KUMAR JHA @ SANTOSH JHA, SON OF SRI BHAGWAN LAL JHA, RESIDENT OF VILLAGE SANGI, P.S. PHULPRAS, DISTRICT MADHUBANI, AT PRESENT JAGAT NARAYAN ROAD, KADAMKUAN, P.S. KADAMKUAN, DISTRICT PATNA. --- PETITIONER Versus THE STATE OF BIHAR --- OPPOSITE PARTY ----------- 6 19.5.2010 These anticipatory bail applications have been filed on behalf of the father-in-law, mother-in-law and the husband. On 7.11.2009 considering that both the parties are fighting several litigations, the Court issued notice to opposite party no. 2 to appear in this case so that there could be some settlement between the parties. Apparently both the parties are very bitter with each other. The opposite party alleges that her husband is involved with another woman and, therefore, he has created all sorts of problems between them. The husband Santosh Kumar Jha @ Santosh Jha and Rachna Jha have two children. The girl is studying in Modi School at Laxmangarh and the little boy is studying in Class III in St. Domino Public School, Patna. The children were also present in Court in an attempt to bring the parents closer to each other. Despite the best efforts of the counsels and the Court, no 2 settlement could be reached. Rachna Jha insisted that she should be allowed to live with her husband and children. Santosh Kumar Jha @ Santosh Jha offered that he would allow her to live with the children and would also pay for the upkeep of the children and make arrangements for them to live in a flat with all the amunities that he could afford however, he at this stage was not willing to live with his wife as he had several grievances against her. A matrimonial suit filed by the husband for divorce which is pending. In the circumstances, I direct that petitioners namely Bhagwan Lal Jha, Kanti Devi (in Cr. Misc. No. 34012 of 2009) and Santosh Kumar Jha @ Santosh Jha (in Cr. Misc. No. 7920 of 2010) should be released on anticipatory bail in the event of their arrest or surrender within a period of six weeks in connection with C.R. No. 985 of 2008 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Sub- divisional Judicial Magistrate, Jhanjharpur subject to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay (Sheema Ali Khan, J.)