IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.739 of 2011 Binod Kumar Rai, Son of Rama Nand Pandey, resident of Village- Khaira(Tola Bhat Bigha), P.O.+ P.S.-Tekari, District- Gaya.................................Petitioner. Versus THE STATE OF BIHAR...............Opposite Party. ----------- 2. 03.02.2011. Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in a compliant case in which cognizance has been taken under Sections 498(A), 307,323,406, 120(B) of the Indian Penal Code and Section ¾ of the D.P.Act. It is submitted by the learned counsel for the petitioner that the petitioner has filed a Matrimonial case no. 185 of 2008 before the learned Principal Judge, Family, Court, Gaya, on 17.11.2008 in which notices were issued to the complainant and as a retaliatory measure the present case has been filed on 10.12.2008. Learned counsel for the petitioner submits that the petitioner is ready to pay Rs. 800/-per month to the complainant from March, 2011 by depositing the amount in the account of the complainant in the first week of every month. 2 It is expected that the complainant will supply the Bank Account Number to the petitioner forthwith. The aforesaid payment will be subject to any order passed in the matrimonial or maintenance proceedings. Considering the fact that the matrimonial case was filed by the petitioner prior to the present case, let the petitioner, abovenamed, be released on bail on his surrender before the learned court below within a period of twelve weeks from today in connection with complaint case no. 1068 of 2008 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J. M. Ist Class, Nawada, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K. (Dinesh Kumar Singh,J.)