IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29766 of 2011
Parmeshwar Thakur, son of late Indrasan Thakur, resident of
village - Gaunaha, P.S. - Gaunaha, District - West Champaran.
--------- Petitioner.
Versus
1. The State Of Bihar
2. Parmila Devi, daughter of late Harinandan Thakur,
resident of village - Sithi, P.S. - Gaunaha, District -
West Champaran.
------- Opposite Parties.
******
02. 27.09.2011 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
The petitioner, apprehends his arrest in connection
with Trial No. 3306 of 2011 arising out of Complaint Case no.
616-C of 2010, for the offences under Section 498A of the
Indian Penal Code, is one of the named accused in this case
being husband of the complainant with allegation of demand of
dowry torture etc.
Submission is that under compelling circumstances
after being father of two female children petitioner had to file
matrimonial case o. 303/2009, before Principal Judge, Family
Court, West Champaran, Bettiah, seeking dissolution of
marriage and decree of divorce. Further submission is that there
is neither any order nor any attempt is made on behalf of the
Opposite Party no. 2 for interim maintenance, but petitioner
offers to pay a sum of Rs. 800/- per month by of interim
maintenance to the complainant who is one and only wife
subject to any order of 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 his
arrest or surrender within a period of four weeks, let the above-
named petitioner be enlarged on bail on furnishing bail bond of
sum of Rs. 10,000/- (ten thousand only) with two sureties of the
like amount each to the satisfaction of Sri Pranav Shankar,
learned Judicial Magistrate, 1st Class, Bettiah, West Champaran,
in connection with Trial No. 3306 of 2011 arising out of
Complaint Case no. 616-C of 2010, subject to condition under
section 438(2) of the Code of Criminal Procedure, and additional
condition to attend the court regularly at least for two years or
till disposal of the case, whichever is earlier and in the event of
failure on two consecutive dates, without any reasonable
explanation or any default in payment, the privilege granted
shall be deemed to be cancelled.
Rajeev/- ( Akhilesh Chandra, J.)