IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24349 of 2011 Manoj Kumar Mahton, Son of Late Bindeshwar Mahto. Resident of Ali Nagar, Sunderpur, Near Masjid, Ward No. 1, P.S. Lalit Narayan Mithila University Campus, District Darbhanga. Present resides at I.T.I. Munger as Instructor, P.S. Muffasil, District Munger. ---------- Petitioner Versus The State Of Bihar -------- Opposite Party ----------- 02/- 17/08/2011 Heard learned counsel for the petitioner, learned counsel for complainant-opposite party no. 2 and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest, in connection with Complaint Case No. 583C of 2010 for the offences punishable under Sections 498A, 323 of the Indian Penal Code and ¾ of the Dowry Prohibition Act, is named accused in this complainant case being husband of the complainant with allegation of demand of dowry, torture etc. (physical & mental), in spite of being blessed with one female child. Submission is that petitioner intends to resume and continue the matrimonial relationship with the complainant for which he has already filed Matrimonial Case bearing No. 69 of 2010 under Section 9 of the Hindu Marriage Act, pending before the Principal Judge, Family Court, Munger, wherein the complainant herself refused to join the company of the petitioner. Refuting such submission, it is stated by learned counsel for the complainant-opposite party no. 2 that only in 2 view of certain wrong and fabricated allegations leveled against him; the complainant-opposite party no. 2 was not willing to join the company of the petitioner. Submission is that if such allegations are withdrawn with filing of same being baseless, complainant-opposite party no. 2 is ready to join the company of the petitioner. Further, submission is that till today, there is no amount paid by way of ad interim maintenance to the complainant-opposite party no. 2 and her female child, but now, as submitted, petitioner is ready to meet the demands suitably subject to any order on the point by the competent court. Considering the facts and circumstances of the case, on the event of filing of an application before the court below stating the intention as stated above with an offer to pay a sum of Rs. 2,000/- (two thousand only) per month to the complainant-opposite party no. 2 by way of ad interim maintenance, subject to any order on the point by the competent court, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged 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 Sub-Divisional Judicial Magistrate, Munger, in connection with Complaint Case No. 583C of 2010, 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 on each and every date at least for two years or till disposal of the case, whichever is earlier, in case of failure on 3 two consecutive dates, without giving any reasonable explanation or even on single default in payment, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)