IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.30667 of 2010
1. Ashish Ojha @ Ashish,
2. Vijay Ojha,
1 and 2 son of lalta Prasad Ojha.
3. Lalta Prasad Ojha @ Lalita Ojha, son of late Sheo Mangal Ojha.
4. Smt. Basanti Ojha wife of Lalta Prasad Ojha,
All resident of village - Mathia, P.S. - Itarhi, District - Buxar, At present
V.M. 93, Sukhalia Indore, Madhya Pradesh.
--------- Petitioners.
Versus
THE STATE OF BIHAR ----- Opposite Party.
-------
03. 05.10.2010 Heard learned counsel for the four petitioners,
learned counsel for opposite party no.2 and learned
Additional Public Prosecutor for the State.
Supplementary affidavit has been filed on behalf
of the petitioners and counter affidavit has been filed on
behalf of opposite party no. 2.
Petitioners are named accused in this case
respectively being husband and in-laws of the informant
carry allegation of demand of dowry, torture etc. There is
one Matrimonial Suit bearing no. 525/2008 pending before
Principal Judge, Family Court, Indore, seeking dissolution
of marriage and decree of divorce filed by petitioner no.1
against his wife the informant.
The petitioners, no doubt, had filed an application
before Madhya Pradesh High Court, but the same has
been dismissed as withdrawn, true it is, that this fact also
should have been mentioned in para 2 of the application
-2-
which is missing, but appears rectified by filing
supplementary affidavit along with copy of order of the
Madhya Pradesh High Court, prior to filing of present
application. The petitioners admit that though there is
Matrimonial proceeding pending but neither there is any
order under Section 24 of the Hindu Marriage Act or
Section 125 of the Criminal Procedure Code nor any such
attempt has been made on behalf of informant. The
husband petitioner no.1 after completing the B.C.A.
(Bachelor of Computer Application) is employed in a
private company at Indore. Considering the facts and
circumstances on filing of an undertaking and begin with
payment of Rs. 6,000/- per month by way of ad interim
maintenance subject to order of the competent courts on
the point.
Considering the facts and circumstances of the
case, in the event of their arrest/surrender before the court
below within four weeks of receipt of the copy of this order,
petitioners, namely, Ashish Ojha @ Ashish, Vijay Ojha,
Lalta Prasad Ojha @ Lalita Ojha and Smt. Basanti Ojha,
are directed to be released on bail on furnishing bail bond
of Rs. 10,000/- (ten thousand only) each with two sureties
of the like amount each to the satisfaction of Chief Judicial
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Magistrate, Buxar, in connection with Industrial Area Buxar
Police Station Case No. 23 of 2010, subject to condition
laid down under Section 438(2) of the Criminal Procedure
Code with additional condition to the husband petitioner
no.1 to attend the court regularly till disposal of the case, in
case of failure on three consecutive dates, and single
default in payment of the amount so ordered, the privilege
granted to all the petitioners shall be deemed to be
cancelled.
(Akhilesh Chandra, J.)
Rajeev/