IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21650 of 2011 Shashi Bhushan Prasad @ Shashi Bhushan Kumar Gupta son of Maheshwari Prasad @ Maheshwari Prasad Gupta resident of village-Maner, P.S.-Maner, Dist.-Patna at present residing at Qrs. No.975/03, New Loco Colony, Bilaspur, P.S. & Dist.-Chhatisgarh. Versus 1.The State of Bihar 2.Aarti Devi wife of Shashi Bhushan Prasad @ Shashi Bhushan Kumar Gupta, daughter of Jhulan Sah, resident of village-Tetari and Tenduni, P.S.-Chenari, Dist.-Rohtas ----------- 2. 8.7.2011. Heard learned counsel for petitioner and learned counsel for the State. Apprehending his arrest in connection with Complaint Case No. 814 of 2005 registered for the offence under section 498A of the Indian Penal Code, the petitioner has prayed for grant of bail. Learned counsel for the petitioner submits that a divorce case was filed which was decreed ex-parte on 23.6.2004 by the Family Court at Bilaspur. However, the ex-parte decree has been recalled on 13.7.2010. Further contention made on behalf of the petitioner is that the victim had also filed a maintenance case i.e. Maintenance Case No.90 of 2007 in Family Court at Sasaram which was disposed of on the basis of compromise and the complainant has been taking Rs.2,500/- per month as maintenance from the petitioner. Learned counsel for the petitioner submits that the petitioner is a government employee and as a matter of fact the complainant herself had deserted him. Taking into consideration the aforesaid facts as also the fact that the cases arises out of a complaint, let the petitioner, 2 namely, Shashi Bhushan Prasad @ Shashi Bhushan Kumar Gupta in the event of his arrest or surrender before the court below within a period of four weeks from the date of communication of the order, 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 Chief Judicial Magistrate, Rohtas at Sasaram in connection with Complaint Case No.814 of 2005 with a condition that in terms of compromise as submitted by him he will make regular payment of Rs.2,500/- for which he must file an affidavit before the court below . Md.S. ( Ashwani Kumar Singh, J.)