High Court Patna High Court - Orders

Ram Nandan Rai vs The State Of Bihar & Anr. on 26 August, 2011

Patna High Court – Orders
Ram Nandan Rai vs The State Of Bihar & Anr. on 26 August, 2011
                    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
                                           -----------

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.)