IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14145 of 2011 Md. Saidullah Versus The State Of Bihar ---------------------------------- 03. 09.09.2011 Petitioner is apprehending his arrest in a complaint case in which cognizance has been taken under Sections 498A, 323, 584, 379/34 of the I.P.C. The accusation is of torture and demand of dowry. The marriage has been claimed to be solemnized on 03.12.2006. The present complaint was filed on 02.01.2009, and prior to that the father of the petitioner filed Complaint Case No. 1544 of 2008 as contained in Annexure-2, against O.P. No. 2 and her family members, in which cognizance has been taken on 01.12.2008 under Sections 341, 323, 504 of the I.P.C. Learned counsel for the petitioner denies the marriage It is also submitted that petitioner is mentally disturbed and is not earning anything. In the circumstance, petitioner and father of the petitioner offer to pay Rs. 700/- per month to the O.P. No. 2, by depositing the same in the bank account of the O.P. No. 2, by second week of every month from October, 2011. O.P. No. 2 accepts the offer and undertakes to submit the account number before learned Court below within a period of three weeks. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceedings. It is made clear that the payment, in no way, will have any bearing on the disputed relationship between the petitioner and O.P. No. 2. Considering the aforesaid stands of the parties, let the petitioner namely Md. Saidullah, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Sadar, Motihari, East Champaran in connection with Complaint Case No. 26 of 2009. Three consecutive defaults shall give liberty to O.P. No. 2 to file appropriate application for cancellation of bail of the petitioner. If any application is being filed before learned Court below on behalf of the petitioner for medical examination, particularly with regard to mental health, the same will be disposed off by learned Court below in accordance with law. Shageer (Dinesh Kumar Singh, J)