IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2276 of 2010 Md. Qamar Rehan, Son of Alhaj Ali Hussain @ Siddiki, Resident of Village Mahajid Mohallah near Urdu School, Birmitrapura, Post+P.S. Birmitrapura, District Sundergard (Orisa). -------- Petitioner Versus State of Bihar ----- Opp. Party ----------- 2 25.2.2010 Heard learned counsel for the petitioner and counsel for the State. Considering the nature of allegation for offence under Section 498A of the Indian Penal Code and the attitude of the petitioner that he would not be in a position to live with the complainant wife, this Court would accept the offer of the petitioner of paying a sum of Rs. 5,000/- per month. That being so, if the petitioner would pay a sum of Rs. 70,000/- at the time of his surrender i.e. within a period of two months towards arrears for the month of February, 2009 to March, 2010 and would also give a written undertaking of paying monthly amount from the month of April, 2010 on every 10th of next successive months, the court below shall enlarge the petitioner on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the 2 satisfaction of Sub-Divisional Judicial Magistrate, Sasaram at Rohtas in connection with Complaint Case No. 127 of 2009, subject to the condition as laid down under Section 438(2) of the Cr.P.C. However, one of the sureties must be furnished by the close family relatives of the petitioner. It is made clear and in fact would be the condition of grant of bail to the petitioner that if there would be any default in payment of monthly amount of Rs. 5,000/-, the court below shall immediately cancel the bail of the petitioner. Rsh (Mihir Kumar Jha, J.)