IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.11682 of 2010
DILIP SAH, Son of Jhagroo Sah @ Jagroop Sah, R/O Village East Ishmailpur, East of Kachahari
Chowk, P.S. Hajipur Sadar, District Vaishali.
.........Petitioner
Versus
1.
THE STATE OF BIHAR
2.KIRAN DEVI, Wife of Dilip Sah, D/O Ram Bishun Sah at present residing at Mohalla Bagmali,
P.S. Hajipur Town, District Vaishali.
………Opposite Parties
05/- 26-10-2010 Heard learned counsel for the petitioner and Additional
Public Prosecutor for the State. In spite of notices none appeared on
behalf of opposite party no. 2, the complainant.
It appears an unfortunate case where petitioner being
husband of the complainant has been facing litigation since 2004. A
few of them entered into compromise and subsequent to present case
another case was filed against the petitioner, where in police after
investigation submitted final form. It is submitted that petitioner
under compelling circumstances has filed matrimonial suit seeking
decree of divorce, where in after initial hesitation the complainant,
opposite party no. 2 appeared and matter is going on. In another
proceeding under Section 125 Cr.P.C. as ordered amount of
maintenance is being regularly paid.
Considering the facts and circumstances of the case, in the
event of his arrest/surrender before the court below within four weeks
of receipt of the copy of this order, petitioner, namely, Dilip Sah, is
directed to be released on bail on furnishing bail bond of Rs. 10,000/-
(ten thousand only) with two sureties of the like amount each to the
2
satisfaction of Sub-Divisional Judicial Magistrate, Vaishali at Hajipur
in connection with Complaint Case No. C1-3400 of 2007, subject to
condition laid down under Section 438 (2) of the Criminal Procedure
Code with additional condition to remain physically present before the
court below till disposal of the case, in case of failure on two
consecutive dates, the liberty shall be deemed to be cancelled.
Praveen (Akhilesh Chandra, J.)