Pramod Upadhyay v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36448 of 2014 Arising Out of PS.Case No. -820 Year- 2013 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Pramod Upadhyay S/o Sri Jagdish Upadhyay Resident of Village Maheshpur, Post Badaki Akorhi, Police Station Karaghar (Badahari), District Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Kanchan Devi W/o Sri Pramod Upadhyay, D/o Jagdish Pathak Post Majrarh, P.S. Kareghaer (Barchari), District Rohtas. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s : Mr. Binod Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 11-02-2015 Heard learned counsel for the petitioner, learned counsel for the complainant-informant 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 Section 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act, is named accused in this 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. To further, strengthen his intention an offer is being made to pay a sum of Rs.500/- (five hundred only) per month to the complainant-informant by way of interim maintenance, subject to any
Patna High Court Cr.Misc. No.36448 of 2014 (2) dt.11-02-2015 2/2 order on the point by the competent Court.
Considering the facts and circumstances of the case, in the event of filing duly verified petition 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 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 Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Complaint Case No.
820 of 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.