IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42417 of 2011 ====================================================== Abdullah Sheikh @ Sheikh Abdullah .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== 2 14-12-2011 The petitioner being the husband is apprehending his arrest in a case registered for the offence punishable under Sections 323 and 498(A)/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The accusation is of demand of motorcycle and torture. Learned counsel for the petitioner submits that out of the wedlock there is one child. It is further submitted that prior to the institution of the present case the petitioner filed a case for restitution of conjugal right as contained in Annexure 2. The order dated 30.06.2011 passed in Matrimonial Case No. 294 of 2010 reflects that the husband has shown his inclination for restoration of conjugal relationship and expressed the specific desire to keep his wife in her matrimonial house, but the wife took adjournment and thereafter the matter was adjourned on 07.07.2011 when again adjournment was taken on behalf of the wife. A petition was filed by the husband on 07.07.2011 that since he is posted in Army and his leave has exhisted hence his family members shall take the wife to her matrimonial house. Considering the bona fide of the husband so far as the proceeding is concerned, let the petitioner above named be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran at Chapra, in connection with Chapra Janta Bazar P.S. Case No. 42 of 2011, subject to the condition as laid down under Section 438(2) of the Cr.P.C. The petitioner is ready to pay Rs. 1500/- per month from February, 2012 to the wife by depositing the same in the account of the wife by Second week of every month. The petitioner will supply the copy of order of this Court to the wife when the wife will supply the account number to the petitioner within two weeks. The aforesaid payment will be made till the dispute is reconciled or payment will be subject to passing of any order in matrimonial or maintenance proceeding. Bhardwaj/- (Dinesh Kumar Singh, J)