IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.38420 of 2010
DEEPAK KUMAR MISHRA, Son of Ram Narayan Mishra, R/O Village & P.S. Bangaon,
District Saharsa.
……..Petitioner
Versus
THE SATTE OF BIHAR
…….Opposite Party
02/- 03-11-2010 Heard learned counsel for the petitioner, Additional Public
Prosecutor for the State and learned counsel for the complainant.
Supplementary affidavit has been filed on behalf of the
petitioner.
Petitioner is named accused in this case being husband of
daughter of the complainant carries allegation of demand of dowry,
torture etc. He also has filed one Matrimonial Case No. 69 of 2008
before Family Court, Saharsa seeking dissolution of marriage and
decree of divorce, where in as stated daughter of the complainant has
already appeared. It is submitted on behalf of the opposite party that
daughter of the complainant intends to consume the marital life with
the petitioner on whose behalf divorce application has been filed.
Considering the facts and circumstances of the case, on the
event of filing an application before the court below with an offer to
pay a sum of Rs. 1,000/- per month by way of ad interim maintenance,
subject to any order on the point by competent authority and begin
with payment, in the event of his arrest/surrender before the court
below within four weeks of receipt of the copy of this order,
petitioner, namely, Deepak Kumar Mishra, is directed to be released
-2-
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, Saharsa in connection with Complaint
Case No. 1068 C of 2008, 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 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.)