IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20212 of 2011
1. Bhagwat Singh, son of late Ram Avtar Singh
2. Ram Kinkar Singh, son of Bhagwat Singh, both residents of
House No. 46, Gaya Colony, Moghalsarai, District - Chandauti,
Uttar Pradesh.
---------- Petitioners.
Versus
1. The State of Bihar
2. Pratima Pandey, wife of Ram Kinkar Singh, village - Raunia,
P.S. - Khidarsarai, Distt. - Gaya, at present address - Pratima
Pandey, D/o - Vidya Sagar Pandey, vill - Bhakura, P.S. -
Simri, District - Buxar.
------Opposite Parties.
******
04. 03.11.2011 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
The two petitioners apprehending their arrest in
connection with Complaint Case No. 1086C/2010, Trial No.
1562/2011, for offences under Sections 498A and 420 of the Indian
Penal Code and 4 of Dowry Prohibition Act, are respectively father-
in-law and husband of the complainant opposite party no. 2 with
allegation of demand of dowry, torture etc. Submission is that under
compelling circumstances petitioner no. 2 had to file an application
under Section 9 of the Hindu Marriage Act seeking restitution of
conjugal rights against the complainant, but on failure he had to file
an application under Section 13 of the Act, wherein he has obtained
an ex parte decree of divorce by competent court vide order dated
04.11.2010 passed in Matrimonial Case No. 150/2010 from the court
of Civil Judge, Chandauli (U.P.). Though, the aforesaid ex parte
decree has recently been set aside at the instance of complainant
opposite party no. 2, but meanwhile, petitioner no. 2 has already
solemnized another marriage. It is also submitted that recently one
Miscellaneous Case No. 14M/2011 has also been filed under Section
125 Cr.P.C. and pending before Principal Judge, Family Court, Buxar
(Bihar), but, petitioner due to lack of knowledge could not appear.
However, to avoid further complication, subject to any order of
competent court petitioner no. 2 is ready to pay a sum of Rs. 1000/-
per month by way of interim maintenance to the complainant subject
to any order of 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, in the event of their arrest or
surrender within a period of four weeks, let the above-named petitioners
be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten
thousand only) each with two sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate, Buxar, in connection with
Complaint Case No. 1086C/2010, Trial No. 1562/2011, subject to
condition under section 438(2) of the Code of Criminal Procedure, and
additional condition to attend the court regularly till disposal of the
case, in the event of failure 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.)
Rajeev/-