High Court Patna High Court - Orders

Sakaldeo Yadav @ Sako Yadav vs The State Of Bihar on 26 November, 2010

Patna High Court – Orders
Sakaldeo Yadav @ Sako Yadav vs The State Of Bihar on 26 November, 2010
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.38078 of 2010
SAKALDEO YADAV @ SAKO YADAV SON OF LATE FAGU YADAV, RESIDENT OF
VILLAGE-MAHULI, P.S.-ARIARI, DISTRICT-SHEIKHPURA
                                              Versus
THE STATE OF BIHAR
                                            -----------

/2/ 26.11.2010 Heard learned counsel for the petitioner and

Additional Public Prosecutor for the State.

Earlier while order dated 19.08.2010 passed in

Criminal Miscellaneous No. 21947/10, the petitioner was granted

the privilege on certain conditions.

It is submitted that in spite of best efforts made by the

petitioner his wife did not turn up on the date fixed and even on

subsequent dates as submitted no joint petition for compromise

could be filed before Court below in compliance of earlier order of

this Court. On such submission modification in the earlier order is

sought.

Considering the facts and circumstances, in the event

of petitioner file an application before the Court below stating

therein his intention to resume marital life with his wife with an

offer to pay a sum of rupees 500/- by way of ad-interim

maintenance subject to final order on the point by competent

authority and begin to pay..

Considering the facts and circumstances of the case, in

the event of his arrest/surrender before the Court below within

four weeks, petitioner is directed to be released on bail on
2

furnishing bonds of Rs. 10,000/- (ten thousand only) with two

sureties of the like amount each to the satisfaction of Chief

Judicial Magistrate, Nalanda in connection with Complaint Case

No. 693C/2008, subject to the conditions laid down under Section

438 (2) of the Criminal Procedure Code with additional condition

to remain physically present before the Court below, till disposal

of the case. In case of failure to be present on two consecutive

dates, the privilege shall be deemed to be cancelled.

It is further made clear that if there is any positive

response on the application by petitioner by his wife the Court

below shall pass appropriate order in the light of observations

made in earlier order also.

Let the order be communicated to the Court below

through FAX at the cost of petitioner.

( Akhilesh Chandra, J.)
Safik