IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46601 of 2009 SANJAY CHOUDHARY son of Shri Diwakar Choudhry, resident of Ruidhasa Colony, Kishanganj, P. S. Kishanganj, District- Kishanganj. .. Petitioner. Versus STATE OF BIHAR ----------- 2. 01.02.2010 Heard counsel for the petitioner, counsel for the informant as also counsel for the State. The petitioner, husband seeks anticipatory bail for an offence under Section 498 A of the Indian Penal Code and Section 3/4 of the D. P. Act by taking a plea that such criminal case filed against him is out and out a false case inasmuch as it was only when the husband petitioner had filed his matrimonial case seeking divorce from the wife informant the F.I.R. in question was filed in retaliation by the wife informant against the husband petitioner and his family members. Counsel for the informant does not dispute this fact but then he would submit that the petitioner has virtually ruined the life of the informant inasmuch as after deserting her the petitioner is neither paying the amount of maintenance as fixed by the court below nor is appearing before the Apex Court where the informant has filed a case for transfer of pending matrimonial case from 2 Howrah to Madhepura. Mr. Shailendra Kumar Sinha, counsel for the petitioner has fairly submitted that even though the petitioner is already paying the maintenance amount to his wife but then as this aspect has been disputed by the counsel for the informant, the petitioner undertakes to comply the order of maintenance passed by the court below by clearing entire arrears as also making payment in future on month to month basis till such order continues. Counsel for the petitioner further assures this court that immediately after release on bail, the petitioner would also take steps for appearing in pending case before the Apex Court. That being so, the petitioner namely Sanjay Choudhary, in the event he would surrender within a period of four weeks from today, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in connection with Madhepura P. S. case No. 83 of 2009, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure only if the petitioner 3 will furnish documentary proof of his making entire payment of the arrear amount of maintenance and also file an undertaking that he will keep on paying the amount of maintenance on month to month basis as fixed by the court below till the pendency of criminal case and that he will appear through his counsel before the Apex Court in the pending case, within a period of four weeks from the date of his being released on bail by the court below. It goes without saying that if any of the aforesaid condition and/or undertaking given by the petitioner is violated by him, his bail shall automatically stand cancelled and he would be taken in custody. With the aforesaid observations and direction this application is disposed of. kanchan (Mihir Kumar Jha, J.)