IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2848 of 2011 SYED FAZLE ALI Versus THE STATE OF BIHAR & ANR. ----------- 3 22.06.2011 In pursuance to the order dated 03.03.2011, the petitioner and the opposite party no.2 are present. Though, the petitioner is ready to keep the complainant as wife with full dignity and honour, but the opposite party no.2 is not willing to resume the conjugal life in the background of the torture inflicted by the petitioner. The marriage was performed about 25 years prior to the lodging of the complaint. There is no dispute that both, the husband and wife, are residing separately since last 15 years. The young son and the daughter are residing with the mother. There is no chance of reconciliation at this stage. In the circumstances, the petitioner is ready to pay Rs. 500/- per month to the complainant from August, 2011 by depositing the same in the bank account of the complainant by second week of every month. Learned counsel for the complainant 2 undertakes to supply the bank account of the complainant to the learned counsel for the petitioner within a period of two weeks. The aforesaid payment will subject to any order being passed in matrimonial or maintenance proceeding. Considering the aforesaid facts, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Siwan in connection with Complaint Case No. 2638/2009, subject to the conditions as laid down under Section 438(2) Cr.P.C. Three consecutive defaults in making payment by the petitioner will give liberty to the complainant to file an appropriate application for cancellation of the bail of the petitioner. Amrendra/- (Dinesh Kumar Singh, J.) 3