Patna High Court - Orders
Kameshwar Chaubey @ Kameshwar Choubey vs The State Of Bihar on 19 April, 2014
Author: Akhilesh Chandra
Bench: Akhilesh Chandra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7093 of 2014
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Kameshwar Chaubey @ Kameshwar Choubey, Son of Late Bisaram
Chaubey
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
ORAL ORDER
2 19-04-2014Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner, who is apprehending his arrest in connection with a case registered for the offence punishable under Sections 323, 341, 307, 406 and 498A/ 34 of the Indian Penal Code, is named accused in this complaint case being husband of the complainant-informant with allegation of demand of dowry, torture etc. Submission is of false implication and in spite of all odds the petitioner intends to resume and continue the matrimonial relationship with the complainant-informant, who is his one and only wife and mother of two children born out of the wedlock. To further, strengthen his intention an offer is being made to pay a sum of Rs. 1,500/- (one thousand five hundred only) per month to the complainant-informant by way of interim maintenance, subject to any order on the point by the competent Court.
Considering the facts and circumstances of the case, in the event of filing duly verified petition by the petitioner supported with personal affidavit before the court below clearly stating all such intentions as stated above and begin with the payment, in the event of his Patna High Court Cr.Misc. No.7093 of 2014 (2) dt.19-04-2014 2 arrest or surrender before the court below within four weeks, let the petitioner abovenamed 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 Sri P.A. Kaushik, learned Judicial Magistrate, Ist Class, Bhabua, in connection with Complaint Case No. 295 of 2013 (Tr. No. 3243/2013), subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure 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 and in case of failure on two consecutive dates without giving any reasonable explanation or even on single default in payment or on any violation of the undertaking, the liberty granted shall be deemed to be cancelled.
(Akhilesh Chandra, J) Praveen-II/-