IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44812 of 2010 Dhruv Das, son of Sitaram das, resident of village – Matiyariya Bishunpur, P.S. – Paharpur, District – East Champaran. ---------- Petitioner. Versus 1. The State of Bihar 2. Sangita Devi, W/o – Dhruv Das, D/o – Kanhaiya Das, resident of village – Ghodha Diptola, P.S. – Gopalpur, District – West Champaran. ------ Opposite Party ********** 09. 19.12.2011 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. Supplementary affidavit has been filed on behalf of the petitioner. The petitioner apprehends his arrest in connection with Tr. No. 541/2010 arising out of Complaint Case No. 2690C of 2009 for offences under Sections 498A, 323 of the Indian Penal Code and ¾ of the Dowry Prohibition Act. The petitioner is named accused in this case being husband of the complainant with allegation of demand of dowry, torture etc. The petitioner intends to resume and continue marital life with the complainant opposite party no. 2 for which he has already filed matrimonial case o. 225/09 under Section 9 of the Hindu Marriage Act, which is pending before Principal Judge, Family Court, West Champaran, Bettiah, where the complainant opposite party no. 2 though has appeared but yet to file written statement in spite of filing and agitating her claims under Section 125 Cr. P.C. in Misc. Case No. 2M/2010 where in vide order dated 28.02.2011, prayer of complainant opposite party no. 2 for the interim maintenance has also been turned down, though, any prayer under Section 24 of the Hindu Marriage Act is yet to be made in matrimonial case. However, considering the relationship and intention, petitioner is ready to pay a sum of Rs. 500/- per month by way of ad interim maintenance to the complainant opposite party no. 2, subject to any order of competent court on the point. Considering the facts and circumstances of the case, in the event of filing an application before the court below stating such intention and start making payment, and in the event of arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of S.D.J.M., Bettiah, West Champaran, in connection with Tr. No. 541/2010 arising out of Complaint Case No. 2690C of 2009, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation or any default in payment, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)