IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39904 of 2011 Pyarelal Sao, Son of Late Honil Sao, R/o Village Hasanpur, P.S. Narhat, District Nawadah. -------Petitioner Versus 1.The State Of Bihar. 2.Smt. Reena Kumari, D/o Doman Prasad, R/o Mohalla Rajendra Path Telbigha, P.S. Kotwali, District Gaya. -----Opposite Parties ---------------- 02/- 09/12/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Section 498A of the Indian Penal Code Section 4 of Dowry Prohibition Act, is named accused in this case being husband of the complainant-opposite party no. 2 with allegation of demand of dowry, torture etc. Submission is that under compelling circumstances, the petitioner has already filed an application under Section 13 of the Hindu Marriage Act bearing Matrimonial Case No. 28 of 2009, wherein the complainant-opposite party no. 2 has not only appeared but also filed an application under Section 125 of the Code of Criminal Procedure bearing Case No. 12 of 2010, but till date there is no order of interim maintenance. However, in order to avoid further complication, petitioner is ready and willing to pay a sum of Rs. 900/- (nine hundred only) per month to the complainant-opposite party no. 2 by way of interim maintenance, subject to any order on the point by the competent court. Considering the facts and circumstances of the case, in the event of filing an application before the court below, clearly stating such intentions as stated above and begin with the payment, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Gaya, in connection with Complaint Case No. 1834 of 2009, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation or even on single default in payment, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)