IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27661 of 2010 BHOLA SHARMA @ BHOLA KUMAR SHARMA, S/o – Late Chando Mistry, resident of village – Saguna More, P.S. – Danapur, Danapur, District – Patna. ------------ Petitioner. Versus 1. THE STATE OF BIHAR 2. Babita Devi, W/o – Bhola Sharma @ Bhola Kumar Sharma, D/o – Umesh Mistry resident of village – Sherpur, P.O. – Malpur, P.S. – Mariachi, District – Patna. --------------- 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 complaint case being husband of the complainant carries allegation of demand of dowry, torture etc. however, at the instance of petitioner Matrimonial Case No. 692/20085 appears pending before Principal Judge, Family Court, Patna, wherein as submitted the complainant as refused to join the company in spite of all odds the petitioner still intends to resume marital life with the complainant to whom he has not made any payment towards ad interim maintenance nor there was any efforts in this regard. Considering the facts and circumstances of the case, in the event of the petitioner filing a petition before the court below showing his intention to pay sum of Rs. 500/- per month by way of ad interim maintenance subject to final order of the competent authorities on the point and being with the payment, in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Bhola Sharma @ Bhola Kumar Sharma, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten - 2 - thousand only) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Barh, Patna, in connection with Complaint Case No. 526C of 2007, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for one year or till disposal of the case whichever is earlier, 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.)