IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24426 of 2011 Shailendra Rai @ Shailendra Kumar Rai, son of Late Ambika Rai, Resident of Village-Hariharpur, P.S.-Ekma, District-Chapra. …Petitioner. Versus The State of Bihar ….Opposite Party. ----------- 2. 17.08.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Learned counsel for the petitioner is permitted to correct name of the Court in prayer portion of the application during course of the day. The petitioner who apprehends his arrest in connection with Complaint Case No. 2769/2009 and Trial no. 2623/2010 for the offences under Sections 323, 406 and 498 (A) of the Indian Penal Code and ¾ of Dowry Prohibition Act, pending in the court of S.D.J.M., Saran at Chapra is named accused in this complaint case being husband of the complainant with allegation of demand of dowry, torture etc. In spite of couple being blessed with a male child of 11 years. Submission is that earlier also there was some dispute with the complainant, but, after resolution, she started residing with the petitioner. Subsequently, she left the place and also brought the male child with her. The petitioner, being posted as constable, still intends to resume and continue matrimonial relationship with the complainant who though has filed one application before the Family Court, Saran at Chapra under Section 125 Cr. P.C. but till date there is no order of 2 maintenance to the complainant, Subject to any order of the competent Court on the point he offers to pay a sum of Rs. 3,000/- per month by way of interim maintenance for his wife and son. Considering the facts and circumstances of the case, in the event of filing an application before the Court below stating such intention and start making payment, in the event of arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of S.D.J.M., Saran at Chapra in connection with Complaint Case No. 2769/2009 and Trial No. 2623/10, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on four consecutive dates, without any reasonable explanation or any default in payment the privilege granted shall be deemed to be cancelled. Kamlesh (Akhilesh Chandra, J.)