IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23445 of 2011 Vinay Shankar, Son of Late Radhey Shyam Rai. Resident of Village Asha Parari, P.S. Simari, District Buxar. ---------- Petitioner Versus The State Of Bihar -------- Opposite Party ---------- For the Petitioner :- Mrs. Rekha Prasad, Advocate. For the Informant :- Mr. Rajendra Narayan and Mr. Madanjeet Kumar, Advocates. For the State :- Mrs. Rita Verma, Additional Public Prosecutor. ----------- 02/- 08/08/2011 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. Supplementary affidavit has been filed on behalf of the petitioner. The petitioner apprehends his arrest, in connection with Charpokhari P.S. Case No. 138 of 2010 for the offences punishable under Section 498A of the Indian Penal Code read with Section ¾ of the Dowry Prohibition Act, pending in the court of Chief Judicial Magistrate, Bhojpur, Arrah, is named accused in this case being husband of the informant with allegation of demand of dowry and various types of torture etc. Reconciliation proceedings undertaken by learned Sessions Judge for the present failed. Submission is that Matrimonial (Divorce) Case No. 46 of 2011 under Section 13 of the Hindu Marriage Act is pending before the Principal Judge, Family Court, Buxar, wherein, also an application under Section 24 of the Act on behalf of the informant 2 has already filed. Further, submission is that on behalf of the informant, one application under Section 125 of the Code of Criminal Procedure bearing Miscellaneous Case No. 207 of 2010 which is pending also pending before the Principal Judge, Family Court, Arrah, but no where, there is any order till date. It is further, submitted that the informant has already applied for due maintenance before the employers of the petitioner, where though application has been processed, but order is still awaited. Petitioner in order to avoid any further complication and hardship to the informant and only female child residing with her, offers to pay a sum of Rs. 3,000/- (three thousand only) per month by way of interim maintenance to the informant, subject to any order on the point by the competent court/authority. Considering the facts and circumstances of the case, on the event of filing an application before the court below stating his aforesaid intention and offer 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 Chief Judicial Magistrate, Bhojpur, Arrah, in connection with Charpokhari P.S. Case No. 138 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 three years of till disposal of the 3 case, whichever is earlier, 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.)