High Court Patna High Court - Orders

Hari Prasad Sah vs The State Of Bihar on 30 August, 2011

Patna High Court – Orders
Hari Prasad Sah vs The State Of Bihar on 30 August, 2011
                             IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.26459 of 2011

                    Hari Prasad Sah , Son of Late Dhaneshwar Sah, resident of village Nakta
                    Khurd, Ward No. 2, P.S. Palasi, District Araria.
                                                                              ---------- Petitioner
                                                      Versus
                    1.The State Of Bihar.
                    2.Putli Devi @ Putul Devi, Daughter of Late Laxmi Narain Basak @
                    Hoda Lal Basak, resident of village Major Tola, Bahadurganj, P.S.
                    Bahadurgang, District Araria.
                                                                     -------- Opposite Parties
                                                     ----------

02/- 30/08/2011 Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a

case registered for the offence punishable under Section 498 (A) of the

Indian Penal Code is named accused in case with allegation of demand

of dowry, torture etc. to the complainant.

Submission is that petitioner intends to resume and

continue the matrimonial relationship with the complainant with an

offer to pay a sum of Rs. 5,00/- (five hundred only) per month to the

complainant by way of interim maintenance, subject to any order on

the point by the competent court.

Considering the facts and circumstances of the case, on

the event of filing an application before the court below, clearly stating

such intention as stated above and begin with the payment, in the event

of his arrest/surrender before the court below within four weeks, let the

above named petitioner be enlarged on bail on furnishing bail-bond of

Rs. 10,000/- (ten thousand only) with two sureties of the like amount

each to the satisfaction of Chief Judicial Magistrate, Araria, in

connection with Complaint Case No. 373 of 2009, subject to condition
2

laid down under Section 438(2) of the Criminal Procedure Code with

additional condition to remain physically present before the court

below on each and every date at least for two years or till disposal of

the case, whichever is earlier, in case of failure on two consecutive

dates, without giving any reasonable explanation or even on single

default in payment, the liberty granted shall be deemed to be cancelled.

Praveen/-                            ( Akhilesh Chandra, J.)