IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36020 of 2010 Bimal Soni @ Vimal Kumar Soni, son of Late Bhagwan Das Soni --------Petitioner. Versus 1. The State of Bihar 2. Kanchan Kumari, D/o – Raj Kumar, wife of Bimal Soni ------Opposite Parties. ******** For the petitioner : Mr. Syed Asgher Najmi, Adv. For the Informant : Mr. Birendra Narayan Sharma, Adv. For the State : Dr. Indiwar Kumari, APP ******* 07. 09.12.2011 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Complaint Case No. 853(C) of 2009 for offences under Sections 322/406/341/323/498(A) of the Indian Penal Code and 4 of D.P. Act, is one of the named accused in this complaint case being husband of the complainant with allegation of demand of dowry, torture etc. in spite of having one child living with the complainant opposite party no. 2. Submission on behalf of the petitioner is that it is the complainant who has deserted him for no reason and he intends to resume and continue matrimonial relationship with the complainant for that he has already filed matrimonial case no. 201/2009 pending before Principal Judge, Family Court, Gaya, wherein in spite of all informations the complainant opposite party no. 2 is yet to appear and put her stand while objecting the prayer stress is given on behaviour of the petitioner as a ground for presently not joining his company. However, petitioner is ready to pay a sum of Rs. 700/- per month by way of interim maintenance to the complainant and only child subject to any other order of the 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 his 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 Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Complaint Case No. 853(C) of 2009, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and 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.)