IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.22469 of 2010
AJAY KUMAR BIN
S/o Shiv Balak Bin resident of Village Murli Chapra P.S. Dokti
Dist. Balia, At present residing at Mohall 7 No. Colliery PS Andal
Bardhaman Dist. West Bengal
Petitioner
Versus
STATE OF BIHAR Opp. Party
-----------
02/ 21.07.2010 Heard learned counsel for the petitioner and the
Complainant.
The petitioner being husband is apprehending his arrest
in a complaint case in which cognizance has been taken under section
498A of the Indian Penal Code and 4 of the D.P. Act.
Though the petitioner is ready to resume conjugal life but
counsel for the complainant expresses apprehension to the fact that the
petitioner has kept a mistress in the house.
In that view of the matter, let the petitioner in the event of
arrest/ surrender within twelve weeks from today be released on bail
in connection with Complaint Case no.3102 of 2009 on furnishing bail
bond of Rs 10,000-/ with two sureties of the like amount each to the
satisfaction of the Sub divisional Judicial Magistrate, Saran at Chapra
subject to the condition as laid down under section 438(2) of the Code
of Criminal Procedure.
Let the petitioner and the complainant appear before the
learned court below on 28th July, 2010. On that date the petitioner
will file an undertaking that no mistress will be hired nor the petitioner
has performed second marriage and on that undertaking the petitioner
is permitted to take the complainant to to her matrimonial house. The
-2-
bail bond of the petitioner will also be accepted if the complainant
refuses to resume conjugal life. The complainant will further be at
liberty to file cancellation of bail of the petitioner if the petitioner in
any way tortures the complainant hence forth.
shahid (Dinesh Kumar Singh,J))