Rupesh Kumar @ Sonu vs State of Bihar and Another

Akhilesh Chandra, J.—Heard learned Counsel for the Petitioner, learned Counsel for the complainant opposite party No. 2 and learned Additional Public Prosecutor for the State.

Petitioner is named accused in this case being husband of the complainant informant carries allegation of demand of dowry, torture, etc. (physical and mental). He also has filed Matrimonial Case No. 10F of 2009 u/s 13 of the Hindu Marriage Act seeking dissolution of marriage and decree of divorce which is pending before Principal Judge, Family Court, Daltonganj, Jharkhand, wherein opposite party No. 2 is already in appearance in the matter but admittedly there is no order as regard to ad interim maintenance from anywhere. Considering the facts and circumstances on the event of making an application with an offer to pay a sum of Rs. 2,000 (two thousand only) per month by way of ad interim maintenance subject to any order of the competent Court on the point and in the event of his arrest/surrender before the Court below within four weeks of receipt of the copy of this order, Petitioner, namely, Rupesh Kumar @ Sonu, is directed to be released 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, Patna, in connection with Kadamkuan P.S. Case No. 251 of 2009, subject to condition laid down u/s 438(2) of the Code of Criminal Procedure with additional condition to remain physically present before the Court below on each and every date till disposal of the case, in case of failure on two consecutive dates and single default in payment, the liberty shall be deemed to be cancelled.