IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30288 of 2010 PANKAJ KUMAR JHA Versus THE STATE OF BIHAR ----------- 2 31.08.2010. Heard learned counsel for the parties. The petitioner, who happens to be husband of complainant (Aparna Kumari), is in custody since 2.7.2010 in Complaint case no. C1 364 of 2009 under section 498A I.P.C. on the allegation that he and his family members tortured her for dowry. The complainant stated that marriage was solemnized on 19.7.200 and second marriage performed on 9.3.2006. The accused started torturing for dowry just after few days. On such information her parents came to her matrimonial house to pacify the matter with the accused persons which did not work. The complainant was also ousted from house. The petitioner submits that it is the complainant who left the house on her own, as his mother was mental patient. He submits that he has filed Divorce Suit no. 43 of 2008 on 24.6.2008 in which she appeared and filed her show cause dated 2.3.2009. The complainant subsequently filed the instant complaint. He submits that he is willing to pay Rs.2,000/- month to the complainant, apart from the amount that may be fixed in the Maintenance case till disposal of instant complaint. Learned counsel appearing for complainant submits 2 that there is clear allegation of torture against the petitioner and his family members. He refers to page 2 of impugned order dated 4.8.2010 in which it has been recorded that petitioner himself admits that he earns Rs.1 lakh every month, on which score he denies the allegation of demanding Rs. 2 lakh as dowry. Having considered the facts and circumstances of the case, let the petitioner as above be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Pupri, Sitamarhi in Complaint case no. C1 364 of 2009, provided he pays Rs.2,000/- month, to be paid by 15th day of succeeding month, to the complainant by way of draft, cheque or cash till disposal of the complaint case, which would be besides the amount that may be fixed in maintenance case. Let this order be communicated to the court above through FAX at the cost of the petitioner. Shashi. (Samarendra Pratap Singh, J.)