IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21074 of 2010 ARSHAD ALAM, S/O Mir Akhtar, R/O Village Budhawa Champapur, P.S. Shikarpur, Distt. West Champaran ………Petitioner Versus 1.THE STATE OF BIHAR 2.SHAMA PRAVEEN, D/O Syd Md. Kamruddin, Residing Ujjain tolla, Bettiah, P.O. & P.S. Bettiah(T), Distt. West Champaran ………Opposite parties. 02. 02.08.2010 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State and Sri Bimlesh Kumar Pandey for Opposite Party No. 2, on whose behalf counter affidavit has been filed. The petitioner is named accused in this complaint case being husband of the complainant carries allegation of demand of dowry, torture etc. It is admitted position that for some period, the petitioner had gone to foreign countries and the dispute between the parties developed. There was one proceeding under Section 125 Cr.P.C. besides the next party directing the petitioner to pay a sum of Rs. 3,000/- for the wife and 2,000/- for the only daughter, aged about eleven years. The petitioner has taken steps to get the ex-parte, order set-aside. However, considering the relationship between the parties, the petitioner, in the event of deposit of Rs. 10,000/- in the Family Court, Bettiah in the proceeding under Section 125 Cr.P.C. as security money and also paying Rs. 2,000/- for wife, the complainant and Rs. 1,000/- for the informant per month, subject to adjustment and final decision of the Family Court. Considering the facts and circumstances of the case, in the - 2 - event of his arrest/surrender before the court below within six weeks of receipt of the copy of this order, petitioner namely, Arshad Alam, is directed to be released 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, West Champaran at Bettiah, in connection with Complaint Case No. 2885-C/08 (Tr. No. 440/10), 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 during which the parties shall negotiate for settlement and disposal of the case amicably or till disposal of the case whichever is earlier, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Praveen (Akhilesh Chandra,J.)