IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.38078 of 2010
SAKALDEO YADAV @ SAKO YADAV SON OF LATE FAGU YADAV, RESIDENT OF
VILLAGE-MAHULI, P.S.-ARIARI, DISTRICT-SHEIKHPURA
Versus
THE STATE OF BIHAR
-----------
/2/ 26.11.2010 Heard learned counsel for the petitioner and
Additional Public Prosecutor for the State.
Earlier while order dated 19.08.2010 passed in
Criminal Miscellaneous No. 21947/10, the petitioner was granted
the privilege on certain conditions.
It is submitted that in spite of best efforts made by the
petitioner his wife did not turn up on the date fixed and even on
subsequent dates as submitted no joint petition for compromise
could be filed before Court below in compliance of earlier order of
this Court. On such submission modification in the earlier order is
sought.
Considering the facts and circumstances, in the event
of petitioner file an application before the Court below stating
therein his intention to resume marital life with his wife with an
offer to pay a sum of rupees 500/- by way of ad-interim
maintenance subject to final order on the point by competent
authority and begin to pay..
Considering the facts and circumstances of the case, in
the event of his arrest/surrender before the Court below within
four weeks, petitioner is directed to be released on bail on
2
furnishing bonds of Rs. 10,000/- (ten thousand only) with two
sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate, Nalanda in connection with Complaint Case
No. 693C/2008, subject to the conditions laid down under Section
438 (2) of the Criminal Procedure Code with additional condition
to remain physically present before the Court below, till disposal
of the case. In case of failure to be present on two consecutive
dates, the privilege shall be deemed to be cancelled.
It is further made clear that if there is any positive
response on the application by petitioner by his wife the Court
below shall pass appropriate order in the light of observations
made in earlier order also.
Let the order be communicated to the Court below
through FAX at the cost of petitioner.
( Akhilesh Chandra, J.)
Safik