IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13518 of 2010 Kaushal Kishore Gautam, Son of Birendra Prasad Singh, resident Of Village- Purani Gudari, Ward No. 9, P.O. & P.S. Bettiah Town, District- Bettiah………………………………..Petitioner. Versus 1. The State of Bihar. 2. Smt. Priyanka Devi, daughter of Mahadeo Mishra, resident Of Village- Belwa, Police Station- Bettiah Mofussil, District- West Champaran……………………………Opposite Parties. ----------- 04. 18.11.2010. In pursuance to the order dated 20.08.2010, both the petitioner and opposite party no. 2 are in appearance. It appears that both sides are not in a position to reconcile the matter. It is submitted by Mr. Ashutosh Kumar, learned counsel for the petitioner, that the divorce case was filed on 12.07.2007 by the husband whereas the present complaint was filed on 07.11.2007. It is submitted by Mr. Bindhya Keshari, Kumar, learned senior counsel appearing on behalf of the opposite party no. 2, that the learned trial court has passed an order of maintenance of Rs. 4,000/-per month but it is not being paid which is not controverted by the learned counsel for the petitioner but it is submitted that since the order of maintenance has been challenged before this Hon’ble Court hence, the payment has not been made. 2 The petitioner i.e., the husband is willing to pay Rs. 4,000/-interim maintenance per month to opposite party no. 2. The aforesaid amount will be deposited in the account of opposite party no.2 in the first week of every month from December, 2010. The opposite party no.2 will supply the account number to the petitioner within a period of one week from today. The aforesaid order will be subject to any order passed in maintenance/divorce proceedings or the matters arising out of the same. In view of the fact that divorce case was filed in earlier point of time and the petitioner is willing to pay maintenance amount, let the petitioner, namely, Kaushal Kishore Gautam, be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today in connection with complaint case no. 2604-C of 2007 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, Bettiah, West Champaran, subject to the conditions as laid 3 down under Section 438(2) of Cr. P. C. It is made clear that the present order will have no bearing on the claim of the opposite party no.2 with regard to arrears of maintenance. The opposite party no. 2 will be at liberty to file cancellation of bail of the petitioner if he makes any default in payment for consecutive two months. U.K. (Dinesh Kumar Singh,J.)