IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26522 of 2011
Arun Kumar Kushwaha @ Arun Prasad @ Arun Kushwaha,
S/o Jagnarayan Kushwaha, R/o village Sihouta Bangra, P.S.
Maharajganj, Distt-Siwan.
--Petitioner
Versus
The State Of Bihar --Opp.Party
02 06.09.2011
Heard learned counsel for the petitioner
and learned Public Prosecutor for the State.
The petitioner is named accused in this
case being husband of the complainant with
allegation of demand of dowry, torture etc.
Submission is that the petitioner intends to resume
and continue marital life with the complainant
who is one and only wife of the petitioner, residing
separately though the children are with the
petitioner. Further submission is that one case
under Section 125 of the Code of Criminal
Procedure is pending before the Family Court,
Siwan but till today there is no order on the point
of maintenance and to further strengthen his
intention the petitioner offers to pay a sum of
Rs.500/- per month by way of interim
2
maintenance to the complainant subject to any
order of the competent court on the point.
Considering the facts and circumstances
of the case, in the event of filing an application
before the court below stating such intention and
start making payment, and in the event of arrest
or surrender within a period of four weeks, let the
petitioner be enlarged on bail on furnishing bail
bond of Rs.10,000/- (Rupees ten thousand) with
two sureties of the like amount each to the
satisfaction of Subdivisional Judicial Magistrate,
Siwan, in Complaint Case no. 1749 of 2009,
subject to the conditions laid down under Section
438(2) of the Code of Criminal Procedure with
additional condition to attend the court for two
years or till disposal of the case, whichever is
earlier. In the event of failure to attend the court
on two consecutive dates without any reasonable
explanation or any default in payment, the
privilege granted shall be deemed to be cancelled.
( Akhilesh Chandra, J.)
AAhmad