1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20408 of 2011 Shamsher Alam S/o Saheb Khalifa, R/o Village and P.O. Chakeikandar, P.S. Bidupur, District-Vaishali. --Petitioner Versus 1. The State Of Bihar 2. Rabiya Parveen, D/o Late Md. Arif, Village-Shiv Bazar, P.S. Bhagwan Bazar, District-Saran. --Opp.Party 6 12.12.2011 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant. Petitioner is one of the named accused in this case, being husband of the complainant, with allegation of demand of dowry, torture, etc. Inspite of taking over adjournments, no counter affidavit could be filed on behalf of the complainant though learned counsel, representing her, submits that petitioner has another wife but, unfortunately, no details could be collected. This assertion is refuted and further submission on behalf of the petitioner is that he has one and only wife and intends to resume matrimonial 2 relationship with her for which restitution application was preferred wherein the complainant avoided appearance and ex-parte order was passed but, in fact, could not be executed as yet. To further strengthen his intention since he has joined service and is under training, offers to pay Rs.1,000/- (Rupees one thousand) per month by way of interim maintenance subject to any other order on the points of competent court. Considering the facts and circumstances, in the event of filing an application before the court below stating such intention and start making payment, the petitioner, in the event of arrest or surrender within four weeks, is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ravi Shanker, Judicial Magistrate, first class, Chapra, in Complaint Case no. 2150 of 2008, Tr. No. 1628 of 2010, subject to the conditions laid down in Section 3 438(2) of the Code of Criminal Procedure with additional condition that petitioner shall remain present before the court below till disposal of the case. In case of failure to remain present on two consecutive dates for failure to make payment without reasonable explanation, the privilege granted shall be deemed to be cancelled. AAhmad/ ( Akhilesh Chandra, J.)