IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.11092 of 2010
DILEEP SHARMA SON OF SRI RAMNATH SHARMA,
R/O VILLAGE-PIRO, P.S.PIRO, DISTRICT-BHOJPUR.
--PETITIONER
Versus
1. THE STATE OF BIHAR
2. RAMAWATI DEVI, D/O SHIV BIHARI SHARMA,
R/O MOHALLA-GOSAI MOHALLA, P.S.
VIKRAMGANJ, DISTRICT-ROHTAS.
--OPP.PARTY
4 27.08.2010
Heard learned counsel for the petitioner, learned
Additional Public Prosecutor for the State and Sri Ravi
Shankar Sahay, for opposite party no.2.
Petitioner is named accused in this case being
husband of the complainant carries allegation of demand of
dowry, torture etc. The petitioner has also filed Matrimonial
Case no. 40 of 2009 before the Principal Judge, Family Court,
Ara, seeking dissolution of marriage and decree of divorce
but this fact was not mentioned in the instant application
seeking anticipatory bail and from the order of learned
Sessions Judge also it does not appear that the above fact was
placed. No doubt, now it is being submitted on behalf of the
petitioner that such Matrimonial case may be withdrawn and
the petitioner intends to resume marital life with the
complainant. If it is so and petitioner, by filing due
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application before the Family Court, obtains necessary orders
from there about the suit being for restitution for conjugal
rights and further undertakes to pay a sum of Rs.1,000/-
(Rupees one thousand) per month by way of ad-interim
maintenance subject to further order of the competent court,
the petitioner, in the event of his surrender or arrest within
four weeks from today, is directed to be enlarged on bail on
his furnishing bonds of Rs.10,000/- (Rupees ten thousand)
with two sureties of the like amount each to the satisfaction of
the Subdivisional Judicial Magistrate, Vikramganj, Rohtas, in
Complaint Case no. 426 of 2008, subject to the conditions
laid down in Section 438(2) of the Code of Criminal
Procedure with additional condition that the petitioner shall
remain present on each and every date before the court below
at least for two years or till disposal of the case whichever is
earlier. If the petitioner fails to remain present on two
consecutive dates without any reasonable explanation or one
single default in payment of ad-interim maintenance, the
privilege granted shall be deemed to be cancelled.
(Akhilesh Chandra, J.)
AAhmad
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