IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19438 of 2010 1. DINESHWAR SAH, S/o Late Poddar Sah 2. Anita Devi, wife of Dineshwar Sah, both resident of village Dhamsaina, P.S. Sourbajar, District Saharsa 3. Chandan Devi, wife of Sagar Sah 4. Sagar Sah, S/o Ashok Sah, both residents of village Navtol (Lagma), P.S. Sonbarsa, District Saharsa …… Petitioners Versus 1. STATE OF BIHAR 2. Khikhri Devi, Wife of Dineshwar Sah, both resident of village Dhamsaina, P.S. Sourbajar, District Saharsa …. Opposite Parties ----------- For the Petitioners : Mr. Diwakar Pd. Singh, Advocate For the State : Mr. Shailendra Kr. Singh, A.P.P. For the complainant : Mr. Manoj Kumar Pandey ------ 8 22.09.2010 Heard learned counsel for the petitioners, the State and the complainant. The petitioners seek bail in a case registered for offences punishable under Sections 323, 379, 498A and 504 of the Indian Penal Code. An affidavit has been filed on behalf of the petitioners stating therein that petitioner no. 1 is ready to maintain his wife extending full dignity, love and affection. He is willing to give two quintals rice or wheat and in addition to that Rs. 500/- per month for her maintenance till any decision is taken in the case 2 filed by the complainant for her maintenance under Section 125 of the Code of Criminal Procedure before the Family Court concerned bearing Maintenance Case No. 33 of 2008. In above view of the matter, the provisional bail granted to the petitioners vide order dated 15.6.2010 is hereby made absolute subject to the condition that as per the undertaking of the petitioner he will annually give two quintals of rice or wheat as well as shall pay Rs. 500/- per month for maintenance to the complainant. He shall submit a receipt duly signed by the complainant with regard to receiving of the food-grains every year before the court below. That apart he shall deposit the maintenance amount within first two weeks of every month commencing from October, 2010 before the court below. However, for the month of September, 2010, the amount shall be paid by 25th October, 2010. The complainant would be at liberty to withdraw the aforesaid amount. This arrangement would be till a decision is taken by the Family court in Miscellaneous Case No. 33 of 2008. This application, accordingly, stands disposed 3 of. If the aforesaid undertaking is not complied within the period granted, then the concerned court would be at liberty to take steps for cancellation of petitioners’ bail bonds. This is made clear that the Family Court will decide the Miscellaneous Case No. 33 of 2008 in accordance with law without being prejudiced by this order. Spd/- ( Dr. Ravi Ranjan, J.)