High Court Patna High Court - Orders

Sachidanand Baidya vs The State Of Bihar on 8 September, 2011

Patna High Court – Orders
Sachidanand Baidya vs The State Of Bihar on 8 September, 2011
                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Criminal Miscellaneous No.27286 of 2011

                    Sachidanand Baidya, Son of Nand Kishore Baidya, Resident of Village
                    Bishunpur, P.S. Deo, District Aurangabad.
                                                                           ---------- Petitioner
                                                       Versus
                    The State Of Bihar
                                                                    -------- Opposite Party
                                                   ----------------

02/- 08/09/2011 Heard learned counsel for the petitioner, learned

counsel for the complainant-informant and learned Additional

Public Prosecutor for the State.

The petitioner apprehends his arrest in connection

with a case registered for the offence punishable under Sections

498 A, 323 and 504/34 of the Indian Penal Code is named accused

in this case with allegation of demand of dowry, torture etc. to the

complainant-informant.

Submission is that petitioner intends to resume and

continue the matrimonial relationship with the complainant-

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

his intention an offer is being made to pay a sum of Rs. 1,000/-

(one thousand only) per month to the complainant-informant 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
furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two

sureties of the like amount each to the satisfaction of Chief

Judicial Magistrate, Aurangabad, in connection with Deo P.S.

Case No. 42 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 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.)