High Court Patna High Court - Orders

Sanjay Gandhi vs The State Of Bihar on 14 December, 2010

Patna High Court – Orders
Sanjay Gandhi vs The State Of Bihar on 14 December, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA

                              Cr.Misc. No.43914 of 2010

                 SANJAY GANDHI S/O JAI SRI RAM, R/O VILLAGE-
                 BHEWAR, P.S. CHAND, DISTRICT-KAIMUR AT BHABUA.
                                                  --PETITIONER

                                           Versus

                 1. THE STATE OF BIHAR
                 2. FULA DEVI WIFE OF SANJAY GANDHI (RAM)
                    R/O VILLAGE-BHEWAR, P.S. CHAND, DISTRICT-
                    KAIMUR AT BHABUA, AT PRESENT ADDRESS
                    VILLAGE-DEVKHAT, P.S. NAUGADHA, DISTRICT-
                    CHANDAULI, (U.P.).
                                                   --OPP.PARTY


2   14.12.2010

Heard learned counsel for the petitioner and

learned Additional Public Prosecutor for the State.

Petitioner is named accused in this Complaint

case, being husband of the complainant, carries allegation of

demand of dowry, torture etc. The couple has already been

blessed with one surviving female child who is residing with

her mother, the complainant. The petitioner intends to

resume the conjugal life with the complainant but as it

appears no positive step has been taken in this regard.

Considering the facts and circumstances, on the

event of filing a petition stating the intention as stated here

with an offer to pay a sum of Rs.500/- (Rupees five hundred)

per month by way of ad-interim maintenance subject to final
2

order of the competent authority in this regard or any

settlement between the parties and begin with payment, the

petitioner, in the event of arrest or surrender within four

weeks from today, is directed to be enlarged on bail on his

furnishing bonds of Rs.10,000/- (Rupees ten thousand) with

two sureties of the like amount each to the satisfaction of the

Chief Judicial Magistrate, Kaimur at Bhabua in Complaint

Case no. 1268 of 2009 / Tr. No.1594 of 2010, subject to the

conditions laid down in Section 438 (2) of the Code of

Criminal Procedure with additional condition that the

petitioner shall remain present before the court below till

disposal of the case. If the petitioner fails to remain present

on two consecutive dates without any reasonable explanation

or make any single default in payment, the privilege granted

shall be deemed to be cancelled.

(Akhilesh Chandra, J.)

AAhmad