IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27641 of 2010 MUNNA RAI, son of Ram Prit Rai, resident of village Sursand, P.S. Sursand, District – Sitamarhi, at present resident of Mohalla back side of Polytechnic Nayatola, P.S. – Kazi Mohammadpur, district – Muzaffarpur. --------------- Petitioner. Versus 1. THE STATE OF BIHAR 2. Nilam Devi, D/o – Girish Patel, resident of village – Kesaria, P.S. – Kesaria, East Champaran, at present residing at Mohalla P.S. Kazi Mohammadpur, District – Muzaffarpur. ------------ Opposite Parties. ------- 02. 07.10.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is named accused in this complaint case being husband of the complainant carries allegation of demand of dowry, torture etc. besides throwing the complainant out of the house after torture. During the course of arguments, it is submitted that petitioner is ready and willing to resume marital life with the complainant with all due dignity and respect but no step appears to have been taken in this regard. Considering the facts and circumstances of the case, on the event of petitioner submitting proof of filing an application before Principal Judge, Family Court, Muzaffarpur, under section 9 of the Hindu Marriage Act seeking restitution of Conjugal Rights with a clear cut offer to pay a sum of Rs. 700/- per month by way of ad interim maintenance subject to final order by a competent authority on the points and begin with the payment, and in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Munna Rai, is directed to be released - 2 - on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sri A.K. Singh, S.D.J.M. (East) Muzaffarpur, in connection with Complaint Case No. 1953/2009 with corresponding Tr. No. 2075/2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before both the courts below on each and every date till disposal of the case, in case of failure on two consecutive dates and single default in payment, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)