IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5259 of 2008 RAKESH JHA @ RAKESH KUMAR JHA Versus STATE OF BIHAR & ANR ----------- 3 02.09.2008 Heard learned counsels for the petitioner, opposite party no.2 and the State. Petitioner is an accused in a case registered for the offences under Sections 498A, 494 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the allegations have been levelled against this petitioner for ulterior purposes as would be appearing from the fact that the complaint has been filed on 3rd of April, 2007 prior to that on 07.03.2007 the father of the petitioner Chandrakant Jha a co-accused executed a sale deed in favour of the complainant as contained in Annexure-3 to the petition and prior to that as alleged petitioner had married one of the co-accused namely Jahanvi Devi, and as such, the act of marriage with the co-accused become the cause for filing of the present complaint as the alleged date of occurrence is said to be 15.03.2007. Learned counsel appearing for the opposite party no.2, on the other hand, submits that the complainant is willing to live with this petitioner provided he keeps her decently as legally wedded wife and bring her from his - 2 - parent’s house. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, namely, Rakesh Jha @ Rakesh Kumar Jha be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Katihar, in connection with Complaint Case No. 729 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. It is further submitted on behalf of the petitioner that he is prepared to keep the complainant with him as legally wedded wife and for that he would go to the parent’s house of the complainant and bring her back and will keep her decently. The counsel for the complainant submits that she would be willingly going along with the petitioner. In view of the above submission, it is made clear that it will be open for the complainant to file an application for cancellation of bail on reasonable grounds in case the petitioner is found to be indulging in similar acts as alleged in the complaint. Manish/- ( Shailesh Kumar Sinha,J.) - 3 -