High Court Patna High Court - Orders

Rupesh Kumar Sharma @ Rupesh … vs The State Of Bihar & Anr. on 12 August, 2011

Patna High Court – Orders
Rupesh Kumar Sharma @ Rupesh … vs The State Of Bihar & Anr. on 12 August, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.23984 of 2011
                         Rupesh Kumar Sharma @ Rupesh Sharma son of late Ramdeo
                         Sharma resident of Village-Bharhopur Tola, Ganjpur, P.S.-Ekma,
                         District- Saran at Chapra.
                                                                             ...........Petitioner
                                          Versus
                   1.    The State Of Bihar.
                   2.    Sunita R. Sharma Daughter of Ram Ishwar Sharma, resident of
                         Village-Bharhopur Tola, Ganjpur P.S.-Ekma, District-Saran
                         (Chapra), at present residing at Village Godna P.S.- Rivilganj,
                         District-Saran.
                                                                   ..........Opposite Parties.
                                         -----------

02 12.08.2011 Heard learned counsel for the petitioner, learned counsel for

the complainant and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest, in connection with

Complaint Case No. 377 of 2010, for the offences punishable under

Sections 323, 379 and 498A of the Indian Penal Code and 3/4 of the

Dowry Prohibition Act, pending in the Court of Sub-divisional Judicial

Magistrate, Chapra, is named accused in this case with allegation of

demand of dowry, torture etc.

Submission is that petitioner still intends to resume and

continue the matrimonial relationship with the complainant with all due

dignity and care, who is his one and only wife. To further, strengthen

his intention an offer is being made to pay a sum of Rs 500/- (five

hundred) per month to the complainant by way of interim maintenance,

subject to any order on the point by the competent court.

Considering the facts and circumstance of the case, on the

event of filing of an application before the court below, clearly stating

such intentions as stated above, in the event of his arrest/surrender

before the court below within four weeks, let the above named
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petitioner be enlarged 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, Chapra, in connection

with Complaint Case No. 377 of 2010 (Tr. No. 2746 of 2010), subject to

condition laid down under Section 438(2) of the Criminal Procedure

Code with additional condition to remain physically present before the

court below on each and every date at least for two years of till disposal

of the case, which ever is earlier, in case of failure on two consecutive

dates, without giving any reasonable explanation or even on single

default in payment, the liberty granted shall be deemed to be cancelled.

(Akhilesh Chandra, J.)
Safik