IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.824 of 2011 Bhusan Chaudhary, son of Ram Adhar Chaudhary, R/o – Vill – Supna, P.S. – Saraiya, District – Muzaffarpur. -------- Petitioner. Versus 1. The State of Bihar 2. Niru Chaudhary, D/o – Suresh Dubey, vill. – Nawada, P.O. – Daud Nagar, P.S. + District – Vaishali. ------ Opposite Party. ----------- 06. 12.07.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. There is no representation on behalf of learned counsel for the opposite party no. 2 in spite of appearance by filing vakalatnama. Even yesterday, matter was adjourned due to his absence. Petitioner is named accused in connection with Saraiya P.S. Case No. 258/2010 for the offence under sections 341, 323 and 498(A) of the Indian Penal Code, presently pending in the court of Sub- Divisional Judicial Magistrate, West, Muzaffarpur, being husband of the informant. It is submitted that informant is one and only wife of the petitioner having two kids residing with her parents for the last about a year. The petitioner intends to continue the marital life. In this connection he further offers to pay a sum of Rs. 1000/- per month to her till dispute is resolved. Considering the facts and circumstances of 2 the case, subject to filing of an application before the court below stated the intention and subject to pay the above amount and subject to any order by competent court on the point and in the event of his arrest or surrender within a period of four weeks, let the petitioner, namely, Bhusan Chaudhary, 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 Sub-Divisional Judicial Magistrate, West, Muzaffarpur, in connection with Saraiya P.S. Case No. 258/2010, 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, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.)