Raju Prasad vs State Of Bihar & Anr on 11 August, 2010

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Patna High Court - Orders

Raju Prasad vs State Of Bihar & Anr on 11 August, 2010

Bench: Akhilesh Chandra

                     IN THE HIGH COURT OF JUDICATURE AT PATNA

                               Cr.Misc. No.25005 of 2010

                     RAJU PRASAD SON OF LATE RAMAYAN PRASAD
                     R/O VILLAGE-SAMAHUTA, P.S. SAMJHAULI,
                     DISTRICT-ROHTAS.
                                          --PETITIONER

                                           Versus

                   1. THE STATE OF BIHAR
                   2. ANITA DEVI W/O RAJU PRASAD, D/O SURENDRA
                      PRASAD, R/O SAMAHUTA, P.S. SANJHAULI,
                      DISTRICT-ROHTAS.
                                           --OPP.PARTY

2   11.08.2010

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

Petitioner is named accused in this complaint case, the husband, carries allegation of demand of dowry, torture etc. besides suspicion is also raised against the petitioner as regards having illicit connections with other family member.

During the course of argument it is submitted that petitioner intends to lead conjugal life with the complainant and has no other relationship with any one. The learned Additional Public Prosecutor tried to laid emphasis on the basis of paragraph 7 of the complaint petition that the complainant also is desirous to resume marital life with petitioner. The petitioner appears not to have taken any 2 recourse for restitution of his conjugal rights.

Considering the facts and circumstances, coupled with the intention expressed, on the condition of the petitioner filing Matrimonial case under Section 9 of the Hindu Marriage Act before competent Authority and surrender before the court below within four weeks from today along with copy of such petition as a proof of filing, he is directed to be enlarged on bail on his furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Bikramganj, District-Rohtas, in Complaint Case no. 725 of 2009, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, with additional condition that the petitioner shall remain present on each and every date before the Court below and in the Family Court at least for one year or till disposal of the case whichever is earlier. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be cancelled.

(Akhilesh Chandra, J.) 3 AAhmad

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Patna High Court - Orders