IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5990 of 2011 Tanveer Alam @ Tanweer Alam, son of late Abdul Haque, resident of village – Bhagwanpur Paterwa, P.S. – Birpur, District – Supaul. -------- Petitioner. Versus 1. The State of Bihar 2. Salma anjum alias Bushra Anjum, wife of Tanveer Alam, D/o – Fatmullah, resident of village – Jhumka, P.O. – Behra, P.S. – Sikta, District – West Champaran. -------- Opposite Parties. ******* 04. 13.10.2011 Heard learned counsel for the petitioner 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 Complaint Case No. 370-C/2009, Tr. No. 2669/2010, is named accused in this case being husband of the complainant with allegation of demand of dowry, torture etc. besides having another wife. Submission is that petitioner has earlier been deserted by the complainant and under compelling circumstances he had to file matrimonial case no. 83/2008 before Principal Judge, Family Court, Saharsa, which is still pending there and subsequently present complaint was filed in the year 2009 with such allegation. It is further submitted that earlier an application under section 125 of the Code of Criminal Procedure, the complainant obtained an ex parte order of maintenance of Rs. 3000/- for herself and male child residing with her though with the petitioner female child left by the complainant is residing. Though, aforesaid order has been set aside by this court in revision and matter on remand is pending decision. However, petitioner is ready to pay a sum of Rs. 800/- per month by way of interim maintenance to the complainant subject to any order of competent court on the point. Considering the facts and circumstances of the case, in the event of filing an application before the court below stating such intention and start making payment, 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 Sri P.C. Verma, Judicial Magistrate, 1st Class, Bettiah, West Champaran, in connection with Complaint Case No. 370- C/2009, Tr. No. 2669/2010, 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.)