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The Indian Penal Code, 1860
Section 438 in The Indian Penal Code, 1860
The Code Of Criminal Procedure, 1973
The Dowry Prohibition Act 1961
The Hindu Marriage Act, 1955

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Patna High Court - Orders
Sanjay Prasad Sinha vs The State Of Bihar on 25 August, 2011

IN THE HIGH COURT OF JUDICATURE AT PATNA

Cr.Misc. No.19802 of 2011

Sanjay Prasad Sinha, Son of Basant Prasad Sinha, Resident of Mohalla Vikash Nagar, Road No. 4, Hasang, P.S. Jagarnathpur, District Ranchi, Jharkhand. ---------- Petitioner

Versus

The State Of Bihar.

-------- Opposite Party

-----------

04/- 25/08/2011 Heard learned counsel for the petitioner, learned counsel for the informant-complainant and learned Additional Public Prosecutor for the State.

Supplementary affidavit has been filed on behalf of the petitioner.

The petitioner apprehends his arrest, in connection with Complaint Case No. 2142 of 2008 for the offences punishable under Sections 498(A), 307, 379, 323, 504, 120(B) of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act, is named accused in this complaint case being husband of the complainant with allegation of demand of dowry, torture etc.

Submission is that under compelling circumstances, the petitioner had to file Matrimonial Title Suit No. 193 of 2008 before the Principal Judge, Family Court, Ranchi under Section 13 of the Hindu Marriage Act, wherein, by judgment dated 1st May, 2009, decree of judicial suppression has been granted and as ordered petitioner has regularly being paying a sum of Rs. 1200/- per month by way of maintenance to the informant-complainant. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four 2

weeks, let the above named petitioner 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 Sub-Divisional Judicial Magistrate, Gaya, in connection with Complaint Case No. 2142 of 2008, subject to condition laid down under Section 438(2) of the Criminal Procedure Code 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, in case of failure on two consecutive dates, without giving any reasonable explanation or even on single default in payment (as ordered by Principal Judge, Family Court, Ranchi), the liberty granted shall be deemed to be cancelled.

Praveen/- ( Akhilesh Chandra, J.)