IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23386 of 2011 Khalid Akhtar @ Md. Khalid Akhtar, Son of Late Akhtar Nabi, Resident of Gulzarbagh, Holding No. 304A, beside SBI Godda, P.S. Godda Town, District Godda (Jharkhand). -------Petitioner Versus 1.The State Of Bihar. 2.Mahera Parween, Daughter of Nasim Akhtar, Resident of Mohalla Gewal Bigha, P.S. Rampur, District Gaya. -----Opposite Parties --------------- 04/- 23/11/2011 Heard learned counsel for the petitioner, learned counsel for the informant-opposite party no. 2 and learned Additional Public Prosecutor for the State. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 341, 342, 323, 504, 406/34, 498-A of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act, is one of the named accused in this case being husband of the informant with allegation of demand of dowry, torture etc. Submission is that under compelling circumstances, petitioner has already divorced the informant and transmitted due amount against Dain Mehar and maintenance during period of Iddat etc. Since, the said amount sent through demand draft has not been encashed by the informant and she is objecting such divorce on several grounds including amount of Dain Mehar and other things, said to be given during Nikah. However, petitioner is ready and willing to pay a sum of Rs. 1,500/- (one thousand five hundred only) per month to the informant-opposite party no. 2 by way of interim maintenance, subject to any order on the point by the competent court/authority. Considering the facts and circumstances of the case, in the event of filing an application before the court below, clearly stating such intentions as stated above and 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, Gaya, in connection with Rampur P.S. Case No. 186 of 2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and 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.)