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.
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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.)