High Court Patna High Court - Orders

Vakil Sah vs The State Of Bihar & Anr. on 9 September, 2011

Patna High Court – Orders
Vakil Sah vs The State Of Bihar & Anr. on 9 September, 2011
                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Criminal Miscellaneous No.27565 of 2011

                    Vakil Sah, Son of Late Mishri Sah, Resident of Village Jamua, P.O. Karup,
                    Gorari, District Rohtas (Sasaram).
                                                                               ---------- Petitioner
                                                       Versus
                    1.The State Of Bihar.
                    2.Usha Devi, D/o Maldhani Sah, W/o Vakil Sah, R/O Village Darihat,
                    District Rohtas.
                                                                      -------- Opposite Parties
                                                    --------------

02/- 09/09/2011 Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection

with a case registered for the offence punishable under Section

498(A) of the Indian Penal Code is named accused in this case

with allegation of demand of dowry, torture etc. to the

complainant.

Submission is that petitioner intends to resume and

continue the matrimonial relationship with the complainant, who

is his one and only wife and having two children. To further,

strengthen his intention an offer is being made to pay a sum of Rs.

700/- (seven hundred only) per month to the complainant by way

of interim maintenance, subject to any order on the point by the

competent court.

Considering the facts and circumstances of the case, on

the event of filing an application before the court below, clearly

stating such intention as stated above and begin with the payment,

in the event of his arrest/surrender before the court below within

four weeks, let the above named petitioner be enlarged 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 Chief

Judicial Magistrate, Rohtas at Sasaram, in connection with

Complaint Case No. 1269 of 2009, subject to condition laid down

under Section 438(2) of the Criminal Procedure Code with

additional condition to remain physically present before the court

below on each and every date at least for two years or till disposal

of the case, whichever is earlier, in case of failure on two

consecutive dates, without giving any reasonable explanation or

even on single default in payment, the liberty granted shall be

deemed to be cancelled.

Praveen/                             ( Akhilesh Chandra, J.)