IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.904 of 2011 Naushad Alam son of Md. Qasim, resident of Village Gyan Bigha P.S. Neem Chack Bathani District Gaya.. ...Petitioner Versus 1. The State Of Bihar, 2. Reshma Khatoon w/o Naushad Alam and Md. Shahbuddin @ Shahabul Mian, Vill-Saran, P.S-Neemchak Bathare, Distt. Gaya... ...(complainant)-opposite party ----------- For the petitioner : Mr. Md. Qumrul Hoda, Advocate, For the State : Mr. Md. Arif, A.P.P. ............... 12 06.07.2011 No one appears on behalf of opposite party no.2 despite service of notice. Heard learned counsel for the petitioner and the learned A.P.P for the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498 (A) and 323 of the Indian Penal Code. On earlier occasion, the matter was taken up on 13.1.2011 and petitioner was permitted to implead complainant-wife as opposite party no.2. It is submitted that the complaint case was lodged by the husband- petitioner against the complainant-wife bearing complaint Case No.321 of 2009 on 21.2.2009 and after about eight months the present complaint case has been filed by the 2 complainant-wife. It is submitted that the petitioner is ready to lead a conjugal life with the complainant-wife extending full honour and dignity to her. Notice was issued upon opposite party no.2. However, for the reasons best known to her , she has not appeared. Today, petitioner has filed a supplementary affidavit stating therein that he is ready to pay Rs.1,600/- per month to the complainant for her maintenance. In above view of the matter, the provisional anticipatory bail earlier granted to the petitioner vide order date 13.1.2011 passed in Cr. Misc. No.904 of 2011 is hereby made absolute subject to the condition that the petitioner will deposit Rs.1600/- per month for the complainant-wife before the court below in the first week of every succeeding month i.e for the month of July 2011, the amount will have to be deposited before the court concerned in the first week of August 2011. If the aforesaid amount is not deposited by the petitioner as per his undertaking within the period fixed as above and the manner in which he is required to deposit, the court concerned would be at liberty to take steps for cancellation of his bail bonds. The complainant-wife would be at 3 liberty to withdraw the amount deposited by the petitioner. This arrangement will be only till any order is passed by any court of competent jurisdiction with regard to maintenance, if such occasion arises. It is further made clear that if such occasion arises then the court concerned would consider the matter and pass order on its own merit in accordance with law without being prejudiced by the present order. Sanjay-II (Dr. Ravi Ranjan, J.)