IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23903 of 2010 ABUBAKAR, son of Amzad Ali, resident of village – Giryama Nashimpur, O.P. Bharsiya, P.S. – Falka, District – Katihar. ---------- Petitioner. Versus The State of Bihar ------- Opposite Party. ------- 02. 13.09.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner being husband of the complainant carries allegation of demand of dowry, torture etc (physical and mental both). It further appears that petitioner has lodged an informatory petition in the month of February 2009 alleging some overt acts against the complainant but subsequent to filing of the instant complaint also filed one Matrimonial Case No. 101 of 2009 before Principal Judge, Family Court, Katihar, seeking Restitution of Conjugal Rights, but, there is nothing to show that ever notices were issued or served upon the complainant. Considering the facts and circumstances of the case, in the event of providing a sum of Rs. 500/- per month by way of ad interim maintenance to the complainant till dispute is resolved, and in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Abubakar, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar, in connection - 2 - with Complaint Case No. 1018 of 2009, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below as well as Principal Judge, Family Court, Katihar, on each and every date at least for one year or subject to final order, whichever is earlier, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)