IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25063 of 2010 KUNAL KUMAR @ KISHORE KUNAL, son of Sri Valmiki Singh, resident of village – Darveshpur, P.S. – Katrisarai, District – Nalanda. ---------------- Petitioner. Versus THE STATE OF BIHAR -------- Opposite Party. ------- 03. 23.08.2010 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned Additional Public Prosecutor for the State. Petitioner is named accused in this case said to have been husband of the complainant but the relationship has been denied on the ground that during minority of the petitioner he was kidnapped and some rituals were though performed, but marriage was never consumed, under pressure of villagers no criminal case was instituted and for the last 7 years complainant resides at her parents place so on the ground of dissertion also marriage is nonest but at the same time it is fairly conceded that no step has been taken even for dissolution of the marriage. Considering the facts and circumstances, on deposit of a sum of Rs. 5,000/- in cash as security before the court below subject to result of final adjudication of payment of Rs. 500/- per month by way of interim maintenance till order of competent court on the point of matrimonial relationship, and in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Kunal Kumar @ Kishore Kunal, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten - 2 - thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda, in connection with Complaint Case No. 550C of 2009, 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 two years or till disposal of the case whichever is earlier, in case of failure on two consecutive dates, and even one single default in payment, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)