High Court Patna High Court - Orders

Balister Sahani vs State Of Bihar on 14 July, 2010

Patna High Court – Orders
Balister Sahani vs State Of Bihar on 14 July, 2010
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.42809 of 2009
                       BALISTER SAHANI SON OF LATE DAROGA SAHANI
                                              Versus
                                  1. THE STATE OF BIHAR
                            2. SUNITA DEVI W/O BALISTER SAHANI
                                            -----------

4. 14.7.2010 Heard learned Counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the

offence under Section 498A of the Indian Penal Code and ¾ of the

Dowry Prohibition Act.

It has been submitted that the petitioner is in custody

since 4.5.2009 and he is not able to pay the maintenance amount

of Rs.1000/- as directed by the trial court in February, 2010 since

he is in jail and shall deposit the same as soon as he is released

from jail custody.

In view of such, let the petitioner above named be

released on bail on furnishing bail bond of Rs.5,000/- (Five

thousand) with two sureties of the like amount each to the

satisfaction of S.D.J.M., Sadar at Motihari in Complaint case No.C-

434 of 2004 Trial No.2247 of 2009, subject to the condition that

one of the bailors will be a close relative of the petitioner who will

give an affidavit giving genealogy as to how he is related with the

petitioner. The bailor will undertake to furnish information to the

court about any change in the address of the petitioner. Initially the

petitioner will be granted provisional bail for a period of two months,

in which period the petitioner shall deposit the due amount as per

the order passed in the maintenance case filed by the complainant
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in the court ordering the same and file a certificate in this regard

before the court below. Once the petitioner has deposited the

entire amount, the petitioner’s provisional bail shall be confirmed.

Thereafter the petitioner every month shall deposit Rs.1000/- per

month as per the maintenance order in the court which has ordered

the same till such time it is modified and file a certificate in this

regard before the S.D.J.M., Sadar at Motihari by the 15th of every

month. In case he fails to do so on two consecutive dates his bail

bond shall be liable to be cancelled for reasons of misuse of bail.

( Anjana Prakash, J. )

Narendra/