High Court Patna High Court - Orders

Raju Kumar vs The State Of Bihar & Anr. on 12 August, 2011

Patna High Court – Orders
Raju Kumar vs The State Of Bihar & Anr. on 12 August, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.24006 of 2011
                        Raju Kumar son of Ghura Yadav, resident of village-Mauare Khaira,
                        P.S. Baroon, District-Aurangabad.
                                                                                 ..........Petitioner
                                         Versus
                   1.    The State Of Bihar.
                   2.    Guriya Devi W/o Raju Kumar, D/o Brahamdeo Yadav, R/o Village-
                         Mauar, Khaira, P.S.-Baroon, District-Aurangabad, at present Kurma
                         tola-Phulchandra Bigha, P.S. Jamhore, District-Aurangabad.
                                                                     ..............Opposite Party

                                           -----------

02 12.08.2011 Heard learned counsel for the petitioner, learned counsel for

the informant and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest, in connection with

Baroon P.S. Case No. 16 of 2011 for the offences punishable under

Section 498A of the Indian Penal Code and 3/4 of the Dowry

Prohibition Act, pending in the Court of Chief Judicial Magistrate,

Aurangabad, is named accused in this case with allegation of demand of

dowry, torture etc.

Submission is that petitioner still intends to resume and

continue the matrimonial relationship with the informant with all due

dignity and care, who is his one and only wife. To further, strengthen

his intention an offer is being made to pay a sum of Rs 700/- (seven

hundred) per month to the informant by way of interim maintenance,

subject to any order on the point by the competent court.

Considering the facts and circumstance of the case, on the

event of filing of an application before the court below, clearly stating

such intentions 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/-
2

(ten thousand only) with two sureties of the like amount each to the

satisfaction of Chief Judicial Magistrate, Aurangabad, in connection

with Baroon P.S. Case No. 16 of 2011, 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, which

ever is earlier, in case of failure on two consecutive dates, without

giving any reasonable explanation or even on single default in payment,

the liberty granted shall be deemed to be cancelled.

(Akhilesh Chandra, J.)
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