High Court Patna High Court - Orders

Sujit Kumar Srivastava @ Sujit … vs The State Of Bihar & Anr. on 17 August, 2011

Patna High Court – Orders
Sujit Kumar Srivastava @ Sujit … vs The State Of Bihar & Anr. on 17 August, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Criminal Miscellaneous No.23822 of 2011
                         Sujit Kumar Srivastava @ Sujit Kumar
                                         Versus
                               The State Of Bihar & Anr.
                                      ---------------

02. 17.08.2011 Heard learned counsel for the petitioner,

learned counsel for the opposite party no. 2 and

learned Additional Public Prosecutor for the State.

The petitioner, apprehends his arrest in

connection with Sadar Hajipur P.S. Case No.

409/2010, pending in the court of Chief Judicial

Magistrate, Vaishali at Hajipur, is named accused in

this case being husband of the complainant with

allegation of demand of dowry, torture etc. besides

possibility of his second marriage which is denied

and learned counsel for the opposite party no. 2 is

also not sure about such allegation.

Submission is that the petitioner intends

to resume and continue matrimonial relationship

with the complainant who is one and only wife.

Counsel appearing on behalf of Opposite Party No. 2

also submits that there is positive response of such

submission.

In view of the above, on filing of an

application before the court below by petitioner

stating such intention/joint petition duly signed by
2

complainant and petitioner affixing their pair

photographs stating such intention with specific

mention of their place of stay in company of each

other with an undertaking to appear before the court

below on the date fixed for the purpose and report

about their conduct. in the event of his arrest or

surrender within a period of four weeks, let the

above-named petitioner 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,

Vaishali at Hajipur, in connection with Sadar

Hajipur P.S. Case No. 409/2010, 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, without

any reasonable explanation, the privilege granted

shall be deemed to be cancelled. It is further made

clear that only after being satisfied of conduct of the

parties the court below shall pass the orders in

accordance with law.

Rajeev/                          ( Akhilesh Chandra, J.)