IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11092 of 2010 DILEEP SHARMA SON OF SRI RAMNATH SHARMA, R/O VILLAGE-PIRO, P.S.PIRO, DISTRICT-BHOJPUR. --PETITIONER Versus 1. THE STATE OF BIHAR 2. RAMAWATI DEVI, D/O SHIV BIHARI SHARMA, R/O MOHALLA-GOSAI MOHALLA, P.S. VIKRAMGANJ, DISTRICT-ROHTAS. --OPP.PARTY 4 27.08.2010 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and Sri Ravi Shankar Sahay, for opposite party no.2. Petitioner is named accused in this case being husband of the complainant carries allegation of demand of dowry, torture etc. The petitioner has also filed Matrimonial Case no. 40 of 2009 before the Principal Judge, Family Court, Ara, seeking dissolution of marriage and decree of divorce but this fact was not mentioned in the instant application seeking anticipatory bail and from the order of learned Sessions Judge also it does not appear that the above fact was placed. No doubt, now it is being submitted on behalf of the petitioner that such Matrimonial case may be withdrawn and the petitioner intends to resume marital life with the complainant. If it is so and petitioner, by filing due 2 application before the Family Court, obtains necessary orders from there about the suit being for restitution for conjugal rights and further undertakes to pay a sum of Rs.1,000/- (Rupees one thousand) per month by way of ad-interim maintenance subject to further order of the competent court, the petitioner, in the event of his surrender or arrest within four weeks from today, is directed to be enlarged on bail on his furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Vikramganj, Rohtas, in Complaint Case no. 426 of 2008, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present on each and every date before the court below at least for two years or till disposal of the case whichever is earlier. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation or one single default in payment of ad-interim maintenance, the privilege granted shall be deemed to be cancelled. (Akhilesh Chandra, J.) AAhmad 3