Patna High Court - Orders
Hansraj Singh @ Hansraj Yadav vs State Of Bihar & Anr on 17 August, 2012
Author: Gopal Prasad
Bench: Gopal Prasad
Patna High Court Cr.Misc. No.31209 of 2012 (2) dt.17-08-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 31209 of 2012
======================================================
Hansraj Singh @ Hansraj Yadav
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Kusum Devi @ Gudia
.... .... Opposite Party/s
======================================================
CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD
ORAL ORDER
2 17-08-2012Heard learned counsel for the petitioner and learned counsel for the State.
This is a petition for grant of regular bail in a case under Sections 498A, 323, 504/34 of the Indian Penal Code and ¾ of the Dowry Prohibition Act.
There is allegation of demand of dowry and on non- fulfilment of the same, subjecting cruelty.
From the order of the Sessions Judge, it is apparent that at the time of compromise the complainant desires to live with the petitioner but the accused petitioner refused to keep her and alleged that the complainant has illicit relation with other so he filed a case for divorce.
Learned counsel for the petitioner submits that the petitioner is ready to pay maintenance worth Rs.1,500/- per month till a higher maintenance is decided by the competent court. However, the petitioner is in jail since 24.04.2012. Patna High Court Cr.Misc. No.31209 of 2012 (2) dt.17-08-2012 Hence, having regard to the facts and circumstances of the case, the petitioner above named is ordered to be released on bail 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, Ara in connection with Piro (Hasan Bazar) P. S. Case No. 91 of 2012, subject to the condition that the petitioner shall pay maintenance worth Rs.1,500/- per month till a higher maintenance is decided by the competent court. However, it may be pertinent to mention that if the complainant files a petition under the Domestic Violence Act for right of resident and maintenance then the trial court shall pass an order within fifteen days.
Kundan/- (Gopal Prasad, J.)