IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20773 of 2011
Champa Devi WIFE OF LATE HARI PRASAD, R/O
MOHALLA-KATTHAKTAL, SHERSHAH ROAD, P.S.
ALAMGANJ, DISTRICT-PATNA.
--PETITIONER
Versus
The State Of Bihar --Opp.Party
With
Cr.Misc. No.20784 of 2011
Sudhir Kumar S/O LATE HARI PRASAD R/O
MOHALLA-KATTHAKTAL, SHERSHAH ROAD, P.S
ALAMGANJ, DISTRICT-PATNA.
--PETITIONER
Versus
The State Of Bihar --Opp.party
2 19.07.2011
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
Both the applications are taken together and they are
being disposed of by this composite order.
Petitioner Champa Devi is mother in law and
petitioner Sudhir Kumar is the husband of the complainant
and both are named in this case with allegation of demand of
dowry, torture etc. The husband has already filed one
Matrimonial Case no. 104 of 2010 seeking restitution of
conjugal rights before Principal Judge, Family Court, Patna
and he intends to resume and continue the matrimonial life
with the complainant with whom he had married after getting
his earlier marriage dissolved vide order dated 29.04.2009 in
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Matrimonial Case no. 277 of 2005 in the Court of Additional
Principal Judge, Family Court, Patna. In order to put force in
prayer for restitution further offer is made to pay Rs.500/- per
month by way of interim maintenance by the husband subject
to any order by competent court.
Considering the facts and circumstances, the
petitioners, in the event of arrest or surrender within four
weeks of communication of the order, are directed to be
enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate, Patna, in Complaint
Case no. 193 of 2010, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure with
additional condition that the husband shall pay Rs.500/- per
month and shall remain present before both the courts below
on each and every date till disposal of the case. If he fails to
remain present on two consecutive dates without any
reasonable explanation or to pay even one single instalment,
the privilege granted shall be deemed to be cancelled.
A.Ahmad ( Akhilesh Chandra, J.)
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