IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.24160 of 2011
Nand Kishore Ram S/o Thagan Ram, R/o Village-Khaja Chand
Chapra, P.S.-Goroul Chatohra O.P., District-Vaishali.
........Petitioner
Versus
1. The State Of Bihar.
2. Sanju Devi D/o Ram Vilas Ram, R/o Village-Bhairo Khara, P.S.-
Patepur, District-Vaishali at Hajipur.
........Opposite Parties
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02 22.07.2011 Heard learned counsel for the petitioner and learned
counsel for the State.
It is submitted on behalf of the petitioner that the present
case was initially instituted as a complaint under sections 323, 379 and
498-A/34 of the Indian Penal Code and section 3/4 of the Dowry
Prohibition Act, which was subsequently referred to the police for
institution of First Information Report and accordingly, a police case
was registered.
According to the petitioner, admittedly the marriage had
taken place eight years back. Learned counsel for the petitioner submits
that prior to the institution of the preset case, he had filed an application
under section 9 of the Hindu Marriage Act for restitution of conjugal
rights before the Principal Judge, Vaishali at Hajipur. He has further
submitted that it would appear from the order passed by the learned
Sessions Judge while rejecting the bail of the petitioner that the
petitioner had expressed his willingness to keep his wife with dignity
and honour but the complainant herself declined to go with the
petitioner. It is also submitted that the petitioner has never subjected the
complainant to cruelty and the complainant out of her own sweet will
2
has abandoned her matrimonial house.
Taking into consideration the aforesaid facts, let the
petitioner, namely, Nand Kishore Ram, in the event of his arrest or
surrender before learned court below within a period of four weeks from
the date of communication of this order, be released on bail on
furnishing bail bonds of Rs. 5,000/- (five thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Vaishali at Hajipur, in connection with Goraul (Kathara
O.P.) P.S. Case No. 62 of 2011.
(Ashwani Kumar Singh, J.)
Safik