High Court Patna High Court - Orders

Arun Kumar Kushwaha vs The State Of Bihar on 6 September, 2011

Patna High Court – Orders
Arun Kumar Kushwaha vs The State Of Bihar on 6 September, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA

                       Criminal Miscellaneous No.26522 of 2011

           Arun Kumar Kushwaha @ Arun Prasad @ Arun Kushwaha,
           S/o Jagnarayan Kushwaha, R/o village Sihouta Bangra, P.S.
           Maharajganj, Distt-Siwan.
                                                       --Petitioner
                                     Versus
              The State Of Bihar                      --Opp.Party

02   06.09.2011

Heard learned counsel for the petitioner

and learned Public Prosecutor for the State.

The petitioner is named accused in this

case being husband of the complainant with

allegation of demand of dowry, torture etc.

Submission is that the petitioner intends to resume

and continue marital life with the complainant

who is one and only wife of the petitioner, residing

separately though the children are with the

petitioner. Further submission is that one case

under Section 125 of the Code of Criminal

Procedure is pending before the Family Court,

Siwan but till today there is no order on the point

of maintenance and to further strengthen his

intention the petitioner offers to pay a sum of

Rs.500/- per month by way of interim
2

maintenance to the complainant subject to any

order of the competent court on the point.

Considering the facts and circumstances

of the case, in the event of filing an application

before the court below stating such intention and

start making payment, and in the event of arrest

or surrender within a period of four weeks, let the

petitioner be enlarged on bail on furnishing bail

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

two sureties of the like amount each to the

satisfaction of Subdivisional Judicial Magistrate,

Siwan, in Complaint Case no. 1749 of 2009,

subject to the conditions laid down under Section

438(2) of the Code of Criminal Procedure with

additional condition to attend the court for two

years or till disposal of the case, whichever is

earlier. In the event of failure to attend the court

on two consecutive dates without any reasonable

explanation or any default in payment, the

privilege granted shall be deemed to be cancelled.

( Akhilesh Chandra, J.)
AAhmad