Jaya Roy, J. - (1.) HEARD learned counsel for the petitioner and learned counsel for the State. The petitioner is an accused in a case registered under Sections 323/ 498A I.P.C. and 3/ 4 of the Dowry Prohibition Act.
(2.) COUNSEL for the petitioner has submitted that the complainant -informant has lodged the present case on 16.08.2007 and thereafter F.I.R has been lodged on 06.09.2008 but the complainant -informant, on similar allegation, earlier also filed a complaint case on 7.6.2007 against the present petitioner i.e. Salempur P.S. Case No. 75/2007 within the district of Dewaria (U.P.) and in the said case the petitioner has already granted bail and he is facing trial. It is also submitted that divorce has already been allowed between the informant and the husband, the present petitioner by the order of the Civil Judge, Chandouli on 20.01.2009 and the complainant -informant has admittedly left her place in the year 2004. Counsel for the State opposed but has not disputed the aforesaid facts. Considering the facts and circumstances of the case and considering the fact that on the same allegation made by the complainant -informant in the present case she has earlier filed another case in the court within the district of Dewaria (U.P.) and the trial of the same is going on and the petitioner has been granted bail in that case, I direct the petitioner, namely, Kamlesh Kumar Gour to surrender in the court below/trial court within a period of one month from the date of this order i.e. 01.09.2012. If he surrenders within the said period, the trial Court/court below is directed to release him on bail, on furnishing bail bond of Rs. 10,000/ - (Rs. Ten thousand) with two sureties of like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Gumla in connection with Sisai P.S. Case No. 127/2008(Corresponding to G.R. Case No. 772/2008), subject to, the condition that both the bailors will be local resident having immovable property within the jurisdiction of the trial court and subject to the conditions laid down under Section 438(2) of the Cr.P.C.;