High Court Patna High Court - Orders

Ajay Kumar Bin vs State Of Bihar on 21 July, 2010

Patna High Court – Orders
Ajay Kumar Bin vs State Of Bihar on 21 July, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Cr.Misc. No.22469 of 2010
                                         AJAY KUMAR BIN
                    S/o Shiv Balak Bin resident of Village Murli Chapra P.S. Dokti
                    Dist. Balia, At present residing at Mohall 7 No. Colliery PS Andal
                                       Bardhaman Dist. West Bengal
                                                                        Petitioner
                                                   Versus
                         STATE OF BIHAR                            Opp. Party
                                                -----------

02/ 21.07.2010 Heard learned counsel for the petitioner and the

Complainant.

The petitioner being husband is apprehending his arrest

in a complaint case in which cognizance has been taken under section

498A of the Indian Penal Code and 4 of the D.P. Act.

Though the petitioner is ready to resume conjugal life but

counsel for the complainant expresses apprehension to the fact that the

petitioner has kept a mistress in the house.

In that view of the matter, let the petitioner in the event of

arrest/ surrender within twelve weeks from today be released on bail

in connection with Complaint Case no.3102 of 2009 on furnishing bail

bond of Rs 10,000-/ with two sureties of the like amount each to the

satisfaction of the Sub divisional Judicial Magistrate, Saran at Chapra

subject to the condition as laid down under section 438(2) of the Code

of Criminal Procedure.

Let the petitioner and the complainant appear before the

learned court below on 28th July, 2010. On that date the petitioner

will file an undertaking that no mistress will be hired nor the petitioner

has performed second marriage and on that undertaking the petitioner

is permitted to take the complainant to to her matrimonial house. The
-2-

bail bond of the petitioner will also be accepted if the complainant

refuses to resume conjugal life. The complainant will further be at

liberty to file cancellation of bail of the petitioner if the petitioner in

any way tortures the complainant hence forth.

shahid                                               (Dinesh Kumar Singh,J))