Patna High Court - Orders
Bhola Nath Gupta vs The State Of Bihar & Anr on 30 July, 2012
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20405 of 2012
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Bhola Nath Gupta
.... .... Petitioner/s
Versus
The State Of Bihar & Anr
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
ORAL ORDER
3 30-07-2012Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A, 406 and 120B of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The accusation is of torture for non-fulfillment of the dowry demand. The marriage was performed on 15.07.2010.
It is submitted by learned counsel for the petitioner that the petitioner has filed divorce case on 02.08.2011 when the present case has been lodged on 17.01.2012.
In pursuance to order dated 22.06.2012, the petitioner and opposite party no.2 are present. The wife is ready to resume the conjugal life for which the petitioner is not ready.
In the circumstance, the petitioner is ready to pay Rs. 2,000/- per month to the informant from September, 2012 by depositing the same in the bank account of the informant by Patna High Court Cr.Misc. No.20405 of 2012 (3) dt.30-07-2012 2/2 second week of every month.
Considering the stand of the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Hisua P.S. Case No. 15 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C.
The aforesaid offer of the petitioner is acceptable to the informant who is present in the Court and undertakes to supply her bank account number to the petitioner by filing the same on affidavit before the learned court below within a period of three weeks.
The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceeding.
Three consecutive defaults in making payment by the petitioner will give liberty to the informant to file an application for cancellation of bail of the petitioner.
(Dinesh Kumar Singh, J) Amrendra/-