IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34721 of 2011 Nesarul Haque @ Chhote, son of Akhtar Ali, resident of village – Garbandha, P.S. – Renu Sagar, District – Sonbhadra, (U.P.). -------- Petitioner. Versus The State of Bihar ---------Opposite Party ******* For the petitioner : Ms. Anuradha Singh, Adv. For the informant : Mr. Mukesh Kumar Singh, Adv. For the State : Ms. Pronoti Singh, APP ****** 03. 22.11.2011 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 Tr. No. 2603/2010, Complaint Case No. 3299/2009 for offences under Sections 468A/406 of the Indian Penal Code, and 3 and 4 of the D.P. Act, is one of the named accused in this case being husband of daughter of the complainant with allegation of demand of dowry, torture etc. including not providing proper treatment. Submission is that wife of petitioner could not survive even after providing all required medical aid. The only child born out of the wedlock is for the present residing with the complainant and petitioner intends his custody also but till date there is neither any steps taken nor any order in this regard. However, taking into consideration welfare of the child petitioner offers to pay a sum of Rs. 500/- per month by way of interim maintenance for the said child to the complainant (maternal grand mother). 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, and 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 Sub-Divisional Judicial Magistrate, Chapra, in connection with Tr. No. 2603/2010, Complaint Case No. 3299/2009, 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 four consecutive dates, without any reasonable explanation or any default in payment, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)