High Court Patna High Court - Orders

Hakim Rishi vs The State Of Bihar on 21 July, 2011

Patna High Court – Orders
Hakim Rishi vs The State Of Bihar on 21 July, 2011
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Cr.Misc. No.21082 of 2011
          Hakim Rishi, S/o - Sant Lal Rishi, resident of village - Bhatwara,
          P.S. - Korha, District - Katihar.
                                                            -------- Petitioner.
                                    Versus
          The State Of Bihar                             ----Opposite Party
                                     ******

02. 21.07.2011 Heard learned counsel for the petitioner and

learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in

connection with Katihar Complaint Case No. C-A-1933

of 2009 for the offences under Sections 498A of the

Indian Penal Code and 4 of the Dowry Prohibition Act,

pending in the court of Sub-Divisional Judicial

Magistrate, Katihar.

The petitioner is named accused in this

complaint case being husband of the complainant

with allegation of demand of dowry, torture etc. and

also having another wife. As submitted, cognizance

has been taken in this case only for the offence under

section 498A and 4 of the Dowry Prohibition Act and

he intends to resume and continue the matrimonial

relationship with the complainant who is one and only

wife of the petitioner.

Under the facts and circumstances of the

case, on the event of filing an application before the

court below stating such intention with a clear to pay
2

a sum of Rs. 500/- per month by way of ad interim

maintenance to the complainant subject to any order

on the point by competent court, and in the event of

his arrest or surrender within a period of four weeks,

let the above-named petitioner be enlarged on bail on

furnishing bail bond of sum of Rs. 10,000/- (ten

thousand only) with two sureties of the like amount

each to the satisfaction of Sub-Divisional Judicial

Magistrate, Katihar, in connection with Complaint

Case No. C.A. 1933/2009, subject to condition under

section 438(2) of the Code of Criminal Procedure, and

additional condition to attend the court regularly at

least for two years or till disposal of the case,

whichever is earlier and 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.

Rajeev/                        ( Akhilesh Chandra, J.)