IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31921 of 2009 NAND KISHORE PRASAD CHAURASIA, son of Chandrika Prasad Chaurasia, resident of village – Barai Tola, Auraiya, Police Station – Bettiah Muffasil, District – West Champaran. ----------------- Petitioner. Versus 1. THE STATE OF BIHAR 2. KUNTI DEVI, wife of nand Kishore and daughter of Kailash Prasad Chaurasia, resident of village Barai Tola, Auraiya, P.S. – Bettiah Muffasil, District – West Champarant, presently residing at village Hari Pakri, P.S. – Majhaulia, District – West Champaran. -------------------- Opposite Parties. ------- 06. 21.06.2010 Heard learned counsel for the petitioner, Opposite Party no. 2 and State. Petitioner is named accused in connection with Trial No. 2584 of 2008 arising out of complaint case no. 248C of 2008 for the offences under sections 323, 498A and 494 of the Indian Penal Code. Petitioner is the husband of the complainant carries allegation of committing cruelty with the informant and also having another wife. During the course of argument, it is submitted from the Bar that petitioner shall deposit a sum of Rs. 30,000/- for the marriage of only daughter born out of the wedlock of petitioner and the informant, who is aged about 20 years, and also attained the marriageable age, and the petitioner and the opposite party both shall with the cooperation of each other spend the amount so deposited in their joint name (Rs. 30,000/-) in the Bank/Post Office which shall be withdrawn under the signature of applicant and opposite party and spend only for the purposes of marriage of the daughter. It - 2 - is also offered that the petitioner shall pay a sum of Rs. 300/- per month to the opposite party no. 2 the complainant to maintain herself till relationship between the two is not normalize, this amount shall be subject to adjustment by the order if any, passed by the competent court /Family Court. In the event of compliance of the order (i.e. deposit of amount of Rs. 30,000/- and start payment of Rs. 300/- per month to the opposite party no. 2) and in the event of arrest/surrender with in four weeks from today, let the petitioner, namely, Nand Kishore Prasad Chaurasia, is directed to be released on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of like amount each to the satisfaction of Judicial Magistrate, 1st Class, Bettiah, West Champaran, in connection with Trial No. 2584 of 2008 arising out of complaint case no. 248C of 2008. Subject to condition laid down under Section 438(2) of the Criminal Procedure Code. In case of failure of making deposit till relationship is normalize, liberty granted shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)