IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22167 of 2011 Md. Nasruddin @ Md. Nasruddi S/o Md. Razzaque, R/o Village- Kashnagar, P.S.-Sonbarsa, District-Saharsa. …..Petitioner Versus The State Of Bihar ……….Opposite Party ----------- 02 13.07.2011 Heard learned counsel for the petitioner and learned counsel for the State. Apprehending his arrest in connection with a complaint case registered for the offence under section 498-A of the Indian Penal Code, the petitioner has prayed for grant of bail. As per prosecution case, the complainant was subjected to cruelty at the time of her pregnancy by her husband and further subjected to cruelty subsequent thereto. Learned counsel for the petitioner submits that there is no truth behind the allegations leveled in the complaint petition. He further submits that she was being kept with dignity and honour and at the time of pregnancy and proper medical attention was provided to her. He submits that unfortunately the complainant delivered twin daughters who died immediately after birth. He submits that the petitioner cannot be held liable for death of his daughters. Learned counsel for the State submits that from perusal of the order passed by the learned Sessions Judge, it would transpire that the Principal Judge, Family Court, Khagaria, has directed the petitioner to pay Rs. 1,500/- per month for the maintenance of wife and minor child but no payment has been made to the complainant. Learned counsel for the petitioner submits that he is ready 2 to make the entire arrears of payment of maintenance as also to make regular payment of maintenance as directed by the Principal Judge, Family Court, Khagaria. Be that as it may, in case the petitioner surrenders before the court below within six weeks form the date of communication of this order and produces evidence of payment of arrear of maintenance as directed by the Principal Judge, Family Court, Khagaria in Matrimonial Case No. 25-M of 2009 and files an affidavit that he would regularly make payment of the maintenance in future, the petitioner, namely, Md. Nasruddin @ Md. Nasruddi, would be released on bail on furnishing bail bonds of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Khagaria, in connection with Complaint Case No. 1011 C of 2011. It is made clear that if the petitioner fails to make payment of arrears of maintenance amount then in that case he would not be released on bail in the event of arrest or surrender before the court below and if he fails to make payment of maintenance in future then that would be a ground for cancellation of bail granted to the petitioner. Safik (Ashwani Kumar Singh, J.)