IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.23058 of 2011
Sudhanshu Dubey @ Guddu Dubey
@ Sudhanshu Kumar Dubey son of Sri Birendra Dubey.
All resident of village-Gobhirar,
P.S.-Raghunathpur, District-Siwan at present residing at QTR.
No. C-12(B), Bajrang Nagar, Tuila Dungari, P.S.-Golmuri,
Jamshedpur, District-Singhbhum (Jharkhand).
Petitioner.
Versus
1. The State of Bihar.
2. Jyoti Devi wife of Sudhanshu Dubey @ Guddu Dubey
Daughter of Sri Rajan Pandey.
Resident of village-Mukundpur, P.S.-Ekma, District-Saran at
Chapra (Bihar).
Opposite Parties.
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2. 01.08.2011 Heard learned counsel for the
petitioner and learned Additional Public
Prosecutor for the State.
The petitioner apprehending his
arrest in connection with Complaint Case no.
3959 of 2007(Trial no. 2070 of 2010) for the
offence under Section 498 (A)/34 of the
Indian Penal Code, pending in the Court of
learned Sub-Divisional Judicial Magistrate,
Saran at Chapra.
Petitioner is named accused in this
case being husband of the complainant with
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allegation of demand of dowry. Submission
is that the petitioner has already obtained
and decree under Section 9 of the Hindu
Marriage Act from the Principal Judge Family
Court, Jamshedpur in Matrimonial Case no.
103 of 2008 but there is no response from
the complainant. Further submission is that
still petitioner intends to resume and
demand of matrimonial relationship with the
complainant to whom he has not paid even a
single paisa by way of interim maintenance
in absence of any order of the Court.
considering the aforesaid facts and
circumstances and petitioner being employed
at Jamshedpur in a private firm in the event
of his filing application before the Court
below stating his such intentions and further
offer to pay a sum of Rs. 1,000/- per month
by interim maintenance to subject to any
order of the competent Court on the point.
Considering the facts and
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circumstances of the case, in the event of his
arrest or surrender within a period of four
weeks, let the petitioner, namely, be
enlarged on bail 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, in
connection with the above referred case
subject to condition as laid down 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 of two consecutive
dates, without reasonable explanation, the
privilege granted shall be deemed to be
cancelled.
Kamlesh (Akhilesh Chandra, J.)