IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11551 of 2010 MADAN CHAUDHARY Versus STATE OF BIHAR ----------- 02. 10.05.2010 Heard counsel for the petitioner and counsel for the State. The petitioner is facing prosecution under sections 323 and 498A IPC including section ¾ of the Dowry Prohibition Act based on a complaint. Learned counsel for the complainant states that there is already an order passed by the competent Court(Principal Judge, Family Court) Jamui in a proceeding initiated under section 125 Cr.P.C. for payment of maintenance to the complainant. It is contended that the same is not being complied with. Learned counsel for the petitioner states that he is in custody since 18.12.2009. It is further submitted that a sum of Rs.2000/- shall be deposited by him in the present proceeding and the complainant shall have liberty to withdraw the same without prejudice to her right and claim in the maintenance case which is pending before the learned Principal Judge, Family Court, Jamui. It is also contended that looking to the complaint, it would appear that the allegation of demand of dowry followed by torture is directed against other family members. In the facts and circumstances of the case, the petitioner abovenamed is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of CJM Jamui in connection with Complaint Case No.906C/2007, subject to the condition that one of the bailors shall be his own/close family member and the petitioner shall deposit a sum of - 2 - Rs.2000/-(rupees two thousand) in the court below which the complainant shall be at liberty to withdraw without prejudice to her right and claim in the proceeding pending under section 125 Cr.P.C. hr ( Kishore K. Mandal )