High Court Patna High Court - Orders

Sanjay Sah vs The State Of Bihar & Anr. on 18 July, 2011

Patna High Court – Orders
Sanjay Sah vs The State Of Bihar & Anr. on 18 July, 2011
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Cr.Misc. No.20715 of 2011
Sanjay Sah, son of Satahu Sah @ Ramdeo Sah of Vill. - Yadavpur Bakhri, P.S. -
Dhaka, District - East Champaran.
                                                                  -------Petitioner.
                                     Versus
               1. The State Of Bihar
               2. Suman Devi, W/o - Sanjay Sah, D/o - Punit Sah, residing at
                  Nonora, P.S. - Ghorasahan, District - East Champaran.
                                                        -------- Opposite Parties.
                                      ******

02. 18.07.2011 Heard learned counsel for the petitioner and

learned Additional Public Prosecutor for the State.

The petitioner is named accused in

connection with Complaint Case No. 794/2010 for

offences under Sections 498A, 323 of the Indian Penal

Code and 3 & 4 of the Dowry Prohibition Act, pending

in the court of Chief Judicial Magistrate, Motihari,

East Champaran, being husband of the complainant

carries allegation of demand of dowry, torture etc. As

submitted, he has already filed Matrimonial Case No.

7/2011 in the court of Principal Judge, Family Court,

East Champaran, intends to resume and continue

marital life with the complainant. In order to put force

in his desire further offers to pay a sum of Rs. 500/-

per month by way of ad interim maintenance to the

complainant subject to any order by the competent

court on this point.

Considering the facts and circumstances of

the case, in the event of filing an application before the
2

court below stating such intention, and in the event of

his arrest or surrender within a period of four weeks,

let the petitioner, namely, Sanjay Sah, be enlarged on

bail on furnishing bail bond of sum of Rs. 10,000/-

(ten thousand only) with two sureties of the like

amount each to the satisfaction of Chief Judicial

Magistrate, Motihari, East Champaran, in connection

with Complaint Case No. 794/2010, subject to

condition under section 438(2) of the Code of Criminal

Procedure, and additional condition to attend the

court regularly at least for two years or till disposal of

the case, whichever is earlier and in the event of

failure on two consecutive dates and default in

payment, without any reasonable explanation, the

privilege granted shall be deemed to be cancelled.

Rajeev/                         ( Akhilesh Chandra, J.)