IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22806 of 2011 Basant Kumar Srivastava Versus The State Of Bihar ----------- 02/- 28/07/2011 Heard Mr. Rana Vikram Singh learned counsel for the petitioner and Mr. Damodar Pd. Tiwary learned Additional Public Prosecutor for the State. Petitioner is named accused in this complaint case being husband of the complainant. Submission is that, petitioner has already filed one Matrimonial Title Suit No. 164 of 2009 before the Principal Judge, Family Court, Ranchi, wherein, the complainant appeared and when matter was posted for reconciliation, she not only avoided, but filed the present complaint and took initiative for transfer of matrimonial case from Ranchi to Gopalganj, which has been allowed and now it is pending at Gopalganj. In spite of all odds, petitioner is ready to pay a sum of Rs. 1000/- (one thousand only) per month to the complainant by way of interim maintenance, subject to any order on the point by the competent court. Considering the facts and circumstances of the case, on the event of filing an application before the court below stating such intention as stated above, in the event of his arrest/surrender before the court below within four weeks, let the petitioner, namely, Basant Kumar Srivastava, 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 Sub-Divisional Judicial Magistrate, Siwan, in connection with Complaint Case No. 2167 of 2009 (Tr. No. 2 3551/2010), subject to condition laid down under Section 438 (2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier, in case of failure on three 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.)