IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5173 of 2011 SURYADEO PRASAD SON OF LATE DARBARI MAHTO. --------- PETITIONER Versus THE STATE OF BIHAR ----------- 2 26.03.2011 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which cognizance has been taken under Sections 498A, 323 and 427of the Indian Penal Code. The complainant claims to have married with the petitioner in the year 1978, but, the petitioner, subsequently, married with one Chinta Devi in the year 1984. The marriage is being denied by the petitioner. Learned counsel for the complainant admits that in the school documents, the name of the petitioner is recorded as the father of son of the complainant. Without expressing any opinion, with regard to the rival contentions of the parties, the petitioner agrees to pay Rs. 800/- per month to the complainant from May, 2011 by depositing the same in the account of the complainant by second week of every month. 2 Learned counsel for the complainant agrees to supply the account number to the learned counsel for the petitioner within a period of two weeks. The aforesaid payments will be subject to any order being passed in matrimonial or maintenance proceedings. The aforesaid payments will not have any bearing on the question of relationship between the petitioner and the complainant. Considering the aforesaid stands of the parties, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Patna City, Patna in connection with Complaint Case No. 799/2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. The complainant will be at liberty to file an application for cancellation of bail of the petitioner, if the petitioner defaults for three consecutive occasions in making the payments. Amrendra/- (Dinesh Kumar Singh, J.) 3