IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS NO.24044 OF 2011
ABHISHEK KUMAR S/O SHRI SURENDRA PRASAD
GUPTA, CHOWK BAZAAR, SULEMANGANJ, SASARAM
VERSUS
1. THE STATE OF BIHAR &
2. PUNAM DEVI @ PUNAM KUMARI @ SUMAN DEVI, W/O ABHISHEK
KUMAR, TAKIA BAZAAR, SASARAM..
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2 12.08.2011. The petitioner apprehends his arrest in connection with
Sasaram Town Police Station Case No. 464 of 2011 for the offences
punishable under section 498A of the Indian Penal Code and section
¾ of the Dowry Prohibition Act, pending in the court of Chief Judicial
Magistrate, Rohtas at Sasaram. He is named accused in this case being
husband of the informant with allegation of demand of dowry and
torture etc. The informant is blessed with one male child who is
residing with the petitioner.
Submission is that under some compelling circumstances,
the petitioner had to file Matrimonial case no. 17 of 2008 under
section 9 of the Hindu Marriage Act which decreed exparte on
8.9.2008. Thereafter, he filed matrimonial case no. 155 of 2009
under section 13 of the Hindu Marriage Act seeking dissolution of
marriage and decree of divorce on the ground mentioned therein.
Further submission is that the informant has already entered into
appearance and contesting the case besides filing Maintenance case
no. 9 of 2010 under section 125 of the Code of Criminal Procedure,
but till date there is no order of interim maintenance etc. The
petitioner is a practicing advocate at Sasaram, where all the cases are
pending.
Considering the facts and circumstances of the case, in the
2
event of filing of an application before the court below making an
offer to pay a sum of Rs. 500/- per month by way of interim
maintenance to the informant, subject to any order of the competent
court on the point, in the event of his arrest/surrender before the court
below within four weeks, let the above named petitioner be released
on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of the Chief
Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram
Town Police Station Case No. 464 of 2011, 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 or till disposal of
the case, whichever 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.
Shashi. (Akhilesh Chandra,J.)