IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44790 of 2008 RAMASHISH PRASAD, son of Late Ram Bilash Prasad Singh, resident of Mohalla Gulzarbagh (NMCH), I.D.H. quarter no. 21, P.S. Alamganj, District Patna….Petitioner Versus STATE OF BIHAR ….. Opposite party ----------- 02/ 02.12.2008 Heard learned counsel for the petitioner and the State. Petitioner, who is a class IV employee at the NMCH, Patna, is an accused in a case under Sections 498A, 307, 323 and 380 of the Indian Penal Code registered at the instance of his second wife. It is submitted on behalf of the petitioner that the second wife has already filed a maintenance case and as no final order has been passed, she is not inclined to continue the matrimonial relationship with the petitioner, although the court below allowed the petitioner the provisional bail for a period of 15 days under orders dated 2.9.2008 for restoring the matrimonial relationship between the petitioner and the complainant. From the order dated 2.9.2008 admitting the petitioner to the privilege of provisional bail, it appears that not only the complainant, second wife, but also the daughter of the petitioner from the first wife is aggrieved by his conduct and neither the complainant nor the daughter of the petitioner from the first wife is agreeable to stay with the petitioner. In the circumstances, offer of the petitioner to continue the matrimonial relationship with the complainant cannot be accepted by this Court. However, 2 considering the fact that petitioner, Ramashish Prasad is a government servant and is ready to part with 50% of his take home salary in favour of the second wife and the daughter from the first wife, I admit him to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Barh in connection with Complaint Case No. 453(C ) of 2007, but direct the Superintendent of N.M.C.H., Patna to deduct 50% of his take home salary and pay the same to the second wife and his daughter from the first wife, which payment shall be subject to the result of the Maintenance Case No. 115(M) of 2008, pending in the court of Principal Judge, Family Court, Patna. The court below is directed to ensure such payment to the complainant, the second wife and the daughter of the petitioner from the first wife. Let a copy of this order be forwarded to the Superintendent of N.M.C.H., Patna for compliance by the office of this Court through fax. Arjun/ (V.N. Sinha, J.)