IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40971 of 2008 OM PRAKASH SHARMA, son of Sheo Prasad Sharma, resident of village- Goha, P.S.-Ichuapur, District-Saran. Versus 1. STATE OF BIHAR 2. Bindu Devi W/o Sri Om Prakash Sharma, D/o Sri Rajdeo Sharma, resident of village-Kuwari Azam, P.S.-Bheldi, District-Saran. ----------- 6 21.04.2009 Heard counsel for the petitioner, State and the counsel for opposite party No.2. Petitioner is apprehending his arrest in connection a case registered for the offence under Sections 498A, 323, 379 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. He is the husband of the complainant, opposite party No.2 who is present in compliance of different orders of this Court. It is submitted by her that she has been tortured so much at the instance of the petitioner, that she is unwilling to resume her matrimonial relationship with the petitioner. She however, does not have any objection in admitting the petitioner to the privilege of bail provided he grants her a sum of Rs. 2000/- per month as maintenance for her and her only girl child. I see reasonableness in the submission made by opposite party No.2. Accordingly, the petitioner is directed to remit a sum of Rs. 2000/- per month to the opposite party No.2 by money order. Payment will be 2 made on every 15th of the month and the payment should begin from April, 2009 and the maintenance amount for April and May be remitted to the opposite party No.2 by money order on 15th of May, 2009 and thereafter in the every succeeding month on 15th of the month and in consideration of such payment petitioner, Om Prakash Sharma be admitted to the privilege of provisional bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Saran at Chapra in connection with Complaint Case No. 144/06. It is however, made clear that in the event the petitioner does not remit the amount of maintenance on the date fixed under this order, it will always open for the opposite party No. 2 to invite the attention of the Court below and the Court below shall pass appropriate order in accordance with law. The maintenance amount allowed under this order will be subject to any further proceeding taken for grant of maintenance by the opposite party No.2. Bibhash (V.N. Sinha, J. )