High Court Patna High Court - Orders

Naresh Roy vs The State Of Bihar on 5 August, 2011

Patna High Court – Orders
Naresh Roy vs The State Of Bihar on 5 August, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.23322 of 2011

             Naresh Roy, Son of Ramasharay Roy.
             Resident of Village Kalua Barbatta, P.S. Musrigharari, District Samastipur.
                                                                              ---------- Petitioner
                                         Versus
             The State Of Bihar
                                                                          -------- Opposite Party
                                        -----------

02/- 05/08/2011 Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner apprehends his arrest, in connection with

Complaint Case No. 1031 of 2009 for the offences punishable under

Sections 323 and 498A of the Indian Penal Code, pending in the court

of Chief Judicial Magistrate, Samastipur, is named accused in this

complaint case being husband of the complainant with allegation of

demand of dowry, torture etc.

Submission is that in spite of all odds, he still intends to

resume and continue the matrimonial relationship with the

complainant, who is his one and only wife and also in view of the

order of Principal Judge, Family Court, Samastipur, he is regularly

paying the amount fixed i.e. a sum of Rs. 1,500/- (one thousand five

hundred) per month as maintenance to the complainant.

Considering the facts and circumstances of the case, on

the event of filing an application before the court below stating such

intention as stated above, in the event of his arrest/surrender before the

court below within four weeks, let the above named petitioner be

enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand

only) with two sureties of the like amount each to the satisfaction of
2

Chief Judicial Magistrate, Samastipur, in connection with Complaint

Case No. 1031 of 2009, 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 on each and every

date at least for two years of till disposal of the case, whichever is

earlier, in case of failure on two consecutive dates, without giving any

reasonable explanation, the liberty granted shall be deemed to be

cancelled.

Praveen/-                            ( Akhilesh Chandra, J.)