IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1103 of 2011 Jawed Ahmad @ Mithu Versus State Of Bihar ------------ 04. 14.07.2011 In pursuance to the order dated 05.05.2011 petitioner and O.P. No. 2 are present. The marriage was performed more than 20 years ago. The petitioner admits that he has performed second marriage with consent of O.P. No. 2 since there was no issue which is being denied by O.P. No. 2. It is submitted by learned counsel for the petitioner that in the maintenance proceeding the petitioner has been directed to pay Rs. 2000/- per month as maintenance to O.P. No. 2 and the part of the maintenance amount has been received by the O.P. No. 2 as gets reflected from the order dated 21.05.2011 passed in Misc. Case No. 160 of 2007. The certified copy of the order has been produced in this Court. Let it be kept on record. Though petitioner is ready to take the O.P. No. 2 to her matrimonial house to keep her as wife with full dignity and honour but the offer is not being accepted by O.P. No. 2 in view of the second marriage being performed by the petitioner. However O.P. No. 2 is satisfied if the arrears of maintainance amount as well as - 2 - regular payment of maintenance amount is made by the petitioner. Both sides are also ready to resolve the issue. If any compromise application is filed before learned Court below then learned Court below will conclude the trail on the basis of compromise within a stipulated time frame. Petitioner undertakes to make the payment of arrears of maintenance amount till July, 2011 within a period of two months as directed by learned Court below and to pay regular maintenance amount by 2nd week of every month from August, 2011 by depositing the same in the bank account of O.P. No. 2. O.P. No. 2 undertakes to supply the bank account number to the petitioner within a period of ten days. So far as quantum of maintenance is concerned, that will be subject to any order being passed in maintenance proceeding or matrimonial proceedings. Any default by the petitioner in payment for consecutive three ocassions shall give liberty to O.P. No. 2 to file application for cancellation of bail of the petitioner. Considering the aforesaid stand of the parties, let the petitioner namely Jawed Ahmad @ Mithu, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on - 3 - 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., Gopalganj in connection with Complaint Case No. 2558 of 2007, Trial No. 2043 of 2009. Shageer (Dinesh Kumar Singh, J)