IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38280 of 2010 Md.Chand Babu @ Chand Babu, Son of Md. Rafique, R/o Village Morwa, Gopal Tola, P.S. Tajpur, District Samastipur. -------Petitioner Versus 1.The State Of Bihar. 2.Gulshan Khatoon , D/o Late Md. Jalauddin, R/o Village Ladaura, P.S. Kudhani (Tarki – O.P.), District Muzaffarpur. -----Opposite Parties ----------------- 07/- 12/12/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. None turned up on behalf of complainant-opposite party no. 2 nor any counter affidavit has been filed in spite of appearance since long in response of notices issued earlier. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 323, 498A, 504/34 of the Indian Penal Code, is named accused in this case being husband of the complainant-opposite party no. 2 with allegation of demand of dowry, torture etc. Submission is that petitioner intends to resume and continue the matrimonial relationship with the complainant, who is his one and only wife and he also has filed Matrimonial Case No. 30 of 2010 under Section 281 of Mulla’s Principles of Mohamedan Law before Principal Judge, Family Court, Samastipur seeking restitution of conjugal rights, wherein, also the complainant avoided appearance. There is no order till date as regard to maintenance/interim maintenance to the complainant, but now as submitted, petitioner to avoid further complications offers to pay a sum of Rs. 500/- (five hundred only) per month to the complainant-opposite party no. 2 as interim maintenance, subject to any order on the point by the competent court. Considering the facts and circumstances of the case, in the event of filing an application before the court below, clearly stating such intentions as stated above and begin with the payment, 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, (West) Muzaffarpur, in connection with Kurhani (Turki O.P.) P.S. Case No. 28 of 2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case, in case of failure on 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.)