IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.238 of 2010
Sandeep Pathak @ Banti Pathak son of Vijoy Kant Pathak @
Chhabo Pathak, Resident of Village- Rataitha, Police Station-
Kharagpur, District- Munger.
..................... Petitioner
Versus
1. The State Of Bihar.
2. Pallavi Kumari wife of Sandeep Pathak @ Banti Pathak
daughter of Manohar Thakur, Resident of Village- Rataitha,
Police Station- Kharagpur, District- Munger at present resident
of village Teghra, Police Station- Kharagpur, Distric Munger.
.................Respondents
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4. 23-06-2010 Heard both sides.
The petitioner is named accused in
connection with Complaint Case No.
04/2008 for offences under Sections 498A,
323, 406 of the Indian Penal Code, being
husband of the complainant carries
allegation of demand of dowry, torture etc.
During the course of argument, it is
submitted that the petitioner is ready and
willing to lead marital life with the
complainant with due honour and dignity,
but no steps for restitution appears to have
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been taken by the petitioner.
Considering the facts and
circumstances of the case, in the event of
his arrest/ surrender before the court below
within four weeks of receipt of the copy of
this order, the Petitioner, namely Sandeep
Pathak @ Banti Pathak, is directed to be
released 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 Judicial Magistrate Ist Class,
Munger, in connection with Complaint Case
No. 04/2008. Subject to condition laid down
under Section 438 (2) of the Criminal
Procedure Code with additional conditions
to attend the court during trial on each and
every date at least for one year or till
conclusion of the trial whichever is earlier,
in case of failure on two consecutive dates,
the liberty shall be deemed to be cancelled
and also simultaneously producing copy of
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the petition filed before the competent court
under Section 9 of the Hindu Marriage Act,
seeking restitution of the conjugal rights
and further filing undertaking to pursue the
cases before the said court and attend
regularly the proceeding in said court as
well as the court below on the dates fixed.
Fahad. (Akhilesh Chandra, J.)