IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.27603 of 2010
MAHENDRA BAITHA, Son of Chalitra Baitha, Resident of Village Deduwa Bardaha, P.S.
Bardaha, District Araria.
…….Petitioner
Versus
THE STATE OF BIHAR
……Opposite Party
02. 07-10-2010 Heard learned counsel for the petitioner and
Additional Public Prosecutor for the State.
Petitioner is named accused in this case being husband
of the complainant carries allegation of demand of dowry, torture
etc. The petitioner earlier already filed an application seeking
restitution of conjugal rights, but undisputedly no payment is
being made to the complainant by way of interim maintenance for
herself and two minor children.
Considering the facts and circumstances of the case,
taking into consideration all such aspects in the event of petitioner
making payment of Rs. 600/- per month by way of interim
maintenance, subject to final order on the point by competent
authority, in the event of his arrest/surrender before the court
below within four weeks of receipt of the copy of this order,
petitioner, namely, Mahendra Baitha, is directed to be released 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
Sub-Divisional Judicial Magistrate, Araria in connection with
Complaint Case No. 257C of 2008, subject to condition laid down
under Section 438(2) of the Criminal Procedure Code with
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additional condition to remain physically present before the court
below till disposal of the case, in case of failure on two
consecutive dates and on single default in payment, the liberty
shall be deemed to be cancelled.
Praveen ( Akhilesh Chandra, J.)