IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20012 of 2011 Babloo Kumar @ Babloo Prasad Saw Versus The State Of Bihar ----------- 03. 28.07.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Complaint Case No. 748/2010 for the offences under Sections 498(A), 379 of the Indian Penal Code and 4 of the Dowry Prohibition Act. The petitioner is named accused in this complaint case being husband of the complainant with allegation of some demand of dowry, torture etc. There was one case under section 125 of the Code of Criminal Procedure wherein ad interim order has been passed to pay a sum of Rs. 1000/- per month to the complainant for herself and for only issue. The petitioner has further filed an application under section 13 of the Hindu Marriage Act bearing Matrimonial Case No. 97/2010 pending before Principal Judge, Family Court, Gaya. But, it is further submitted that in spite of filing of such case and continued payment of Rs. 1000/- petitioner intends to resume and continue matrimonial relationship with the complainant who is one and only wife. 2 Considering the facts and circumstances of the case, on the event of filing such application before the court below stating such intention and continued payment as ordered, in the event of his arrest or surrender within a period of four weeks, let the above- named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Gaya, in connection with Complaint Case No. 748/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation or any default in payment, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.)