BHAGWAT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

(2.) The two petitioners apprehending their arrest in connection with Complaint Case No. 1086C/2010, Trial No. 1562/2011, for offences under Sections 498A and 420 of the Indian Penal Code and 4 of Dowry Prohibition Act, are respectively father-in-law and husband of the complainant opposite party No. 2 with allegation of demand of dowry, torture etc. Submission is that under compelling circumstances petitioner No. 2 had to file an application under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights against the complainant, but on failure he had to file an application under Section 13 of the Act, wherein he has obtained an ex parte decree of divorce by competent Court vide order dated 4.11.2010 passed in Matrimonial Case No. 150/2010 from the Court of Civil Judge, Chandauli (U.P.). Though, the aforesaid ex parte decree has recently been set aside at the instance of complainant opposite party No. 2, but meanwhile, petitioner No. 2 has already solemnized another marriage. It is also submitted that recently one Miscellaneous Case No. 14M/2011 has also been filed under Section 125, Cr.P.C. and pending before Principal Judge, Family Court, Buxar (Bihar), but, petitioner due to lack of knowledge could not appear. However, to avoid further complication, subject to any order of competent Court petitioner No. 2 is ready to pay a sum of Rs. 1,000 per month by way of interim maintenance to the complainant subject to any order of competent Court on the point. Considering the facts and circumstances of the case, in the event of filing an application before the Court below stating such intention and start making payment, in the event of their arrest or surrender within a period of four weeks, let the above-named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000 (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar, in connection with Complaint Case No. 1086C/2010, Trial No. 1562/2011, subject to condition under Section 438(2) of the Code of Criminal Procedure, and additional condition to attend the Court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation or any default in payment, the privilege granted shall be deemed to be cancelled.