IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20235 of 2010 AMRENDRA SINGH son of Sahdeo Singh, @ Satdeo Singh resident of village Ekaria, P.s. Konch, Dist. Gaya…Petitioner. Versus THE STATE OF BIHAR O.P. ----------- For the petitioner : Mr. Manish Kumar No.2, Advocate For the State : Mr. Santanu Kumar, A.P.P. -------- 2 15.6.2010 Heard the parties. In a criminal prosecution for offences under section 498 A, 307, 325/34 of the Indian Penal Code as also under section ¾ of the Dowry prohibition Act, the petitioner happens to be the husband of the victim lady Pinki Kumari, the daughter of the informant. In the FIR vide Annexure-1, the allegation of demand of dowry and torture is against the petitioner and other accused persons. In the FIR vide Annexure-1, it has been admitted that petitioner gave information to the informant that victim lady met with an accident ,as a result of which her one leg was amputated. According to the prosecution allegation the petitioner is responsible for the said accident, but according to the defence version it was merely an accident. Learned counsel for the petitioner submits that petitioner is in judicial custody since 1.8.2009 and a joint compromise petition vide Annexure-2 has been filed in the court below, where in it has been stated that petitioner shall keep the victim lady as his legally wedded wife and shall maintain her for the whole life. In view of the period of incarceration and in view of the terms of compromise referred to above, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like mount each to the satisfaction of Railway Judicial - 2 - Magistrtate, Gaya in connect ion with Gaya Rail P.S. Case No. 92 of 2008, subject to conditions : (a) That one of the bailors must be Govt. Servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving oppo0rtunity of hearing to all concerned. (c) The petitioner on release on bail shall bring back the victim lady to his house and shall keep the victim lady as his legally wedded wife with all dignity and honour. He shall also maintain the victim lady with all comfort. Non-compliance of aforesaid terms and non-compliance of terms of compromise petition vide Annexure-2 would be construed as misuse of privilege of bail and in that case the informant/ victim lady shall be entitled to file a petition for cancellation of bail of the petitioner, which shall be disposed of in accordance with law by the learned trial court. ( Birendra Prasad Verma, J. ) M.Rahman