IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.25961 of 2011
Ram Nandan Rai, Son of Harihar Rai, Resident of Village Kaila
Jalalpur, P.S. Goraul (O.P. Kathara), District Vaishali.
---------- Petitioner
Versus
1.The State Of Bihar.
2.Sulekha Devi, Wife of Ram Nandan Rai, Resident of Village Kaila
Jalalpur, P.S. Mahua (Goraul), O.P. - Kathara, District Vaishali, at
present Daughter of Braj Kishore Rai, Resident of Village Kashipur,
P.S. Rajapakar, District Vaishali.
-------- Opposite Parties
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02/- 26/08/2011 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. 257 of 2009 for the offences punishable under
Sections 498(A), 323/34 of the Indian Penal Code and Section ¾ of
the Dowry Prohibition Act, is named accused in this complaint case
with allegation of demand of dowry, torture etc. to the complainant.
Submission is that petitioner intends to resume and
continue the matrimonial relationship with the complainant, who is his
one and only wife. To further, strengthen his intention he is ready to
pay a sum of Rs. 500/- (five hundred only) per month to the
complainant by way of interim maintenance, subject to any order on
the point by the competent court.
Considering the facts and circumstances of the case, on
the event of filing an application before the court below, clearly
stating such intention as stated above and begin with the payment, in
the event of his arrest/surrender before the court below within four
weeks, let the above named petitioner be enlarged on bail on
2
furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two
sureties of the like amount each to the satisfaction of Sub-Divisional
Judicial Magistrate, Hajipur (Vaishali), in connection with Complaint
Case No. 257 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 or till disposal of the case, whichever 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.
Praveen/- ( Akhilesh Chandra, J.)