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[Cites 5, Cited by 20]

Patna High Court - Orders

Mukesh Mishra @ Mukesh Kr. Mishra @ ... vs The State Of Bihar on 28 July, 2011

              IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Cr.Misc. No.19853 of 2011
Mukesh Mishra @ Mukesh Kr. Mishra @ Sikandar Mishra @ Siko, son of sri
Baleshwar Mishra, resident of village - Anti, P.S. - Kadirganj, District - Nawada.
                                                                   ------ Petitioner.
                                     Versus
The State Of Bihar                                             ---Opposite Party
                                    -----------

03.    28.07.2011

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 958C/2009 for the offences under Sections 323/498A and 379 of the Indian Penal Code and 4 of Dowry Prohibition Act, pending in the court of Sub-Divisional Judicial Magistrate, Hilsa (Nalanda).

The petitioner is named accused in this case being husband of the complainant with allegation of demand of dowry, torture etc. The petitioner intends to resume and continue marital life with the complainant who is one and only wife of the petitioner and further intends to pay a sum of Rs. 1000/- per month by way of ad interim maintenance to the complainant subject to any order of competent court on the point.

Considering the facts and circumstances of the case, on the event of filing an application before the court below stating such intention, and in the event of his arrest or surrender within a period of 2 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 Sub-Divisional Judicial Magistrate, Hilsa (Nalanda), in connection with Complaint Case No. 958C/2009, 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.

Rajeev/                            ( Akhilesh Chandra, J.)