IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.6143 of 2011
AZAD PRASAD YADAV
Versus
THE STATE OF BIHAR
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3. 26.04.2011. Heard the learned counsels for the
petitioner, complainant and the State.
The petitioner being the husband is
apprehending his arrest in complaint case in
which cognizance has been taken under
Section 498A of the Indian Penal Code and
Section 4 of the D. P. Act.
The marriage was performed in 2004
when the divorce case was filed on
05.05.2009 whereas the present complaint was
filed on 03.08.2009.
In the circumstances, reconciliation
is not possible and at this juncture the
petitioner is ready to pay Rs. 1,000/- per
month to the complainant from June, 2011 by
depositing the same by the second week of
every month in the bank account of the
complainant. Learned counsel for the
complainant undertakes to supply the bank
account number to the learned counsel for
the petitioner within a period of two weeks
from today.
2
The aforesaid payment will be
subject to any order being passed in
matrimonial or maintenance proceedings.
Taking into the aforesaid stand of
the petitioner, let the petitioner, above
named, be released on bail in the event of
arrest or surrender before the learned court
below within a period of twelve weeks from
today in connection with complaint case
no.948 of 2009 on furnishing bail bond of
Rs.10,000/-(Ten Thousand) with two sureties
of the like amount each to the satisfaction
of the learned S.D.J.M., Nawada, subject to
the conditions as laid down under Section
438(2) of the Code of Criminal Procedure.
U. K. ( Dinesh Kumar Singh, J)