IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32142 of 2009 MD. SABBIR SAH, Son of Md. Safique Rangrej Resident of Village Kasba Mahsi, P.S.-Mahsi, P.S.- Mehsi, District-East Champaran. Versus THE STATE OF BIHAR ----------- 03. 09.10.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 498A and 379 of the Indian Penal Code. Under the circumstances, let the petitioner who is the husband and has remained in custody since 21.01.2009 be released on provisional bail for six months on furnishing bail bond of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Sub- Divisional Judicial Magistrate, Sadar Motihari in connection with Complaint Case No. 2539 of 2005 (Trial No. 2739 of 2009) on the condition that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. It is being brought to the notice of the court that the complainant Safina Khatoon had filed a case of maintenance before the - 2 - Principal Judge, Family Court, Motihari vide Maintenance Case No. 51 of 2007 and by order dated 21.11.2008 an order was passed for payment of Rs. 1800/- per month from 19.07.2007 which the petitioner has not paid up till now. The petitioner volunteers to deposit the due amount in three instalments within next six months for which he will be released on provisional bail for the first six months and in case he fails to do so his bail will be liable to be cancelled. The same shall be confirmed on deposit of entire money ordered to be paid in the maintenance case. The petitioner is also required to file a receipt of payment of maintenance amount every month to the court concerned and in case he fails to do so it will be open to the court to cancel his bail for reasons of misuse of bail. Vikash/- (Anjana Prakash, J.)