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Raju Saw Vs. State of Bihar

Raju Saw vs State of Bihar

Type Court Judgment Court Patna Decided May 11, 2012
~3 min read
https://sooperkanoon.com/case/975119

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Citation
Court
Patna High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Raju Saw

Respondent

State of Bihar

Excerpt

.....which indicates dissolution of their marital knot with mutual consent and payment of one time settlement in two installments within stipulated period and that too in s.b. a/c no. 00090100013597 bank of baroda, manpur, bihar, in the name of complainant opposite party no.2. considering the facts and circumstances of the case, in the event of his arrest or surrender on or before 19th january 2012 with an undertaking to comply the memorandum of agreement entered into between the parties, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum 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. 1718/2008, 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, the privilege granted shall be deemed to be cancelled. further additional condition is that an undertaking to file joint application of divorce before the stipulated period by 22.01.2012 and payment of first installment and taking steps for disposal of the matrimonial case supposed to be filed under section 13(b). under special circumstances preferably by the next due period of payment of installment i.e. 22.02.2012. learned counsel representing complainant opposite party no. 2 assures to provide all necessary cooperation and if there is any delay or latches on the part of the complainant opposite party no. 2, the petitioner may not be sufferer of such latches. on due compliance of the terms and conditions appropriate order in accordance with law may be passed in the instant case. let a copy of this order be communicated to the court below through fax at the cost of the petitioner. rajeev/- ( akhilesh chandra, j.)

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33600 of 2010 Raju Saw, Son of late Vasudeo saw, resident of Chandmari Road, Dhanbad, P.S. Dhansar, District Dhanbad (Jharkhand). ------Petitioner. Versus 1. The State of Bihar 2. Mamta Devi, D/o Rajendra sao, resident of village Navgeela Jagdishpur, P.S. Muffasil, District Gaya. -----Opposite Parties. ****** 08. 11.01.2012 Heard learned counsel for the petitioner, learned counsel for the complainant and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Complaint Case No. 1718/2008 for the offences under Sections 498(A) of the Indian Penal Code and 3/4 of D.P. Act on the basis of the statements recorded under Sections 200 and 202 of the Code of Criminal Procedure, is one of the named accused in this complaint case being husband of the complainant opposite party no. 2 with various allegation. Submission is that dispute between the parties has been resolved in mediation centre of this court and they have entered into certain agreements on 22.12.2011, which indicates dissolution of their marital knot with mutual consent and payment of one time settlement in two installments within stipulated period and that too in S.B. A/c No. 00090100013597 Bank of Baroda, Manpur, Bihar, in the name of complainant opposite party no.

2. Considering the facts and circumstances of the case, in the event of his arrest or surrender on or before 19th January 2012 with an undertaking to comply the memorandum of agreement entered into between the parties, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum 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. 1718/2008, 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, the privilege granted shall be deemed to be cancelled. Further additional condition is that an undertaking to file joint application of divorce before the stipulated period by 22.01.2012 and payment of first installment and taking steps for disposal of the matrimonial case supposed to be filed under section 13(B). Under special circumstances preferably by the next due period of payment of installment i.e. 22.02.2012. Learned counsel representing complainant opposite party no. 2 assures to provide all necessary cooperation and if there is any delay or latches on the part of the complainant opposite party no. 2, the petitioner may not be sufferer of such latches. On due compliance of the terms and conditions appropriate order in accordance with law may be passed in the instant case. Let a copy of this order be communicated to the court below through Fax at the cost of the petitioner. Rajeev/- ( Akhilesh Chandra, J.)

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