IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9363 of 2011 SANTOSH SHARMA, SON OF CHHEDI SHARMA, RESIDENT OF VILLAGE-JHIKATIA, POLICE STATION- MAHESHKHUNT, DISTRICT-KHAGARIA. ………………………………………………….PETITIONER. Versus THE STATE OF BIHAR………………OPPOSITE PARTY. ----------- For the petitioner : Mr. Vivekanand Singh, Advocate. For the State : Mrs. I.B. Pandey, A.P.P. For the Complainant : Mr. Mritunjay Kumar, Advocate. ----------- 6. 5.5.2011. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant. The petitioner seeks bail in a case registered for the offence punishable under Section 498-A of the Indian Penal Code besides Section 4 of the Dowry Prohibition Act. The petitioner had earlier moved before this Court in Criminal Misc. No.11072 of 2010, whereby he was granted provisional bail vide order dated 20.4.2010. However, at the subsequent stage, the petitioner, after getting provisional bail, did not appear, as a result, the case was dismissed for want of prosecution and all the interim reliefs granted earlier were vacated. Thereafter, the petitioner surrendered on 15.11.2010 2 and since then he is in custody and he has filed this fresh application for bail. It is submitted on behalf of the petitioner that he has already completed about eight months in custody. From the submissions of both the parties, it appears that there is no possibility of reapproachment between the parties. However, the petitioner has filed two supplementary affidavits taking stand that he is ready to pay Rs.1000/- per month by way of maintenance and also Rs.5000/- by way of cost of litigation to the complainant. Learned counsel appearing for the complainant does not object to that. In that view of the matter, the petitioner, Santosh Sharma, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub- Divisional Judicial Magistrate, Khagaria, in connection with Complaint Case No.198-C/2008 with a further condition that he must pay Rs.5000/- by way of litigation cost at the time of furnishing bail bonds before the court below and that apart, he shall also deposit Rs.1000/- per month, as per his undertaking for the maintenance of the complainant, before the court 3 below in the first week of every succeeding month commencing from May, 2011. For the month of May, 2011, he will have to deposit Rs.1000/- before the court below in the first week of June, 2011. The complainant would be at liberty to withdraw the aforesaid amount. The aforesaid arrangement would be subject to and till any further order having been passed by any court of competent jurisdiction with regard to maintenance. If such occasion arises then the court concerned would decide the matter of maintenance without being prejudiced by this order. It is made clear that if the petitioner fails to abide by his undertaking as stated above, the court concerned would be at liberty to take steps for cancellation of his bails bonds. P.S. ( Dr. Ravi Ranjan, J)