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2012 DIGILAW 232 (PAT)

Rana Rakesh Singh v. State of Bihar

2012-02-07

DINESH KUMAR SINGH

body2012
ORDER : Dinesh Kumar Singh, J. Heard learned Counsel for the petitioner and the State. The petitioner being the husband is apprehending his arrest in a case registered for the offence punishable under Sections 498A, 379 and 323 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfilment of the dowry demand. 2. It is submitted by learned Counsel for the petitioner that Divorce Case No. 523 of 2010 has been filed by the petitioner at earlier point of time then the present case has been lodged as a retaliatory measure. 3. In the circumstances, the petitioner is ready to pay Rs. 1,500 per month to the informant from March, 2012 by depositing the same in the bank account of the informant by second week of every month. 4. Let the petitioner serve a copy of this order to the informant within a period of two weeks when it is expected that the informant will supply her bank account number to the petitioner within two weeks thereafter by filing the same on affidavit before the learned Court below. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceeding. Considering the stand of the petitioner, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Rivilganj P.S. Case No. 69 of 2011 subject to the conditions as laid down u/s 438(2) of the Cr.P.C. Three consecutive defaults in making payment by the petitioner will give liberty to the opposite party No. 2 to file an application for cancellation of the bail of the petitioner.