IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23042 of 2011 Anil Bharti, Son of Shyama Prasad, Resident of Village Gorari, P.S. Karakat, District Rohtas. -------Petitioner Versus 1.The State Of Bihar. 2.Anju Devi @ Baby Devi, D/o Late Jadish Prasad Gupta, Resident of Village Obra, P.S. Obra, District Aurangabad. -----Opposite Parties ----------------- 05/- 29/11/2011 Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned Additional Public Prosecutor for the State. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 498(A), 323, 379, 504, 526 of the Indian Penal Code and Section ¾ of Dowry Prohibition Act is one of the named accused in this case, instituted on basis of Complaint Case No. 440 of 2010 with allegation of demand of dowry, torture and extra marital releationship. Submission is of denial of all such allegations and also that under compelling circumstances, petitioner has already filed Matrimonail Case No. 197 of 2010 before the Principal Judge, Family Court, Rohtas seeking dissolution of marriage and decree of divorce, wherein, the next date fixed is 07th December, 2011 pending appearance of the opposite party i.e. opposite party no. 2 here. While objecting the prayer, it is submitted by learned counsel representing opposite party no. 2 that she is willing to resume the conjugal life with the petitioner, who for the present hesitate and assured to be physically present in matrimonial case on the date fixed, but keeping all possibility alive during the pendency of matrimonial suit aforementioned, petitioner offers to pay a sum of Rs. 2,000/- (Rs. Two Thousand only) per month to opposite party no. 2 by way of interim maintenance, subject to any other order on the point by the competent court either under Section 24 of the Hindu Marriage Act or Section 125 of the Code of Criminal Procedure. 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, Daudnagar, District Aurangabad, in connection with Obra P.S. Case No. 9 of 2011, 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 and 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.)