IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.23984 of 2011
Rupesh Kumar Sharma @ Rupesh Sharma son of late Ramdeo
Sharma resident of Village-Bharhopur Tola, Ganjpur, P.S.-Ekma,
District- Saran at Chapra.
...........Petitioner
Versus
1. The State Of Bihar.
2. Sunita R. Sharma Daughter of Ram Ishwar Sharma, resident of
Village-Bharhopur Tola, Ganjpur P.S.-Ekma, District-Saran
(Chapra), at present residing at Village Godna P.S.- Rivilganj,
District-Saran.
..........Opposite Parties.
-----------
02 12.08.2011 Heard learned counsel for the petitioner, learned counsel for
the complainant and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest, in connection with
Complaint Case No. 377 of 2010, for the offences punishable under
Sections 323, 379 and 498A of the Indian Penal Code and 3/4 of the
Dowry Prohibition Act, pending in the Court of Sub-divisional Judicial
Magistrate, Chapra, 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 complainant 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 500/- (five
hundred) 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 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
2
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 Sub-divisional Judicial Magistrate, Chapra, in connection
with Complaint Case No. 377 of 2010 (Tr. No. 2746 of 2010), 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.)
Safik