IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.42895 OF 2009 SANTOSH SINGH, SON OF SRI SHAMBHU SINGH, RESIDENT OF VILLAGE BAKARPUR, P.S. SADAR HAJIPUR, DISTRICT VAISHALI VERSUS STATE OF BIHAR ----------- 2. 21.12.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 498A and 406 of the Indian Penal Code and sections 3/5 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that petitioner has filed a suit for divorce in the court of the Principal Judge, Family Court, Hajipur at Vaishali numbered as Divorce Case No.133 of 2008 in which a petition of the wife for grant of maintenance is pending. However, he submits that petitioner is ready to pay maintenance to the wife till final orders are passed on the said petition before the court below as pre-condition for allowing him on bail. Considering the submission of the learned counsel for the petitioner, this application is allowed subject to payment of Rs.500/- (Rupees five hundred) as maintenance to the wife per month which shall be deposited in the court below by 15th day of every month with - 2 - liberty to her to withdraw the same. If the maintenance is deposited by the petitioner in the court below for this month, the court of Sub-Divisional Judicial Magistrate, Vaishali at Hajipur shall release petitioner (Sanotsh Singh) on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to its satisfaction in connection with Complaint Case No.3477/07 with conditions as laid down in sub-section (3) of section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. The order of deposit of the said amount shall be subject to and shall remain operative till final orders are passed by the competent court on the said application of wife filed in the said suit. B.T (J. N. Singh, J.)