IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.131 of 2011 Ram Babu Thakur Versus The State Of Bihar ----------- 05. 14.09.2011 The petitioner and opposite party no.2 are present. The petitioner being the husband is apprehending arrest in a complaint case in which cognizance has been taken under Section 498A of the Indian Penal Code. The marriage was performed 20 years prior to the lodging of the case. Out of wedlock there are four children, one is staying with the father while other three are staying with the mother. Though, there is accusation of torture and demand of dowry. It appears that the reconciliation is not feasible as the petitioner has serious apprehensions towards opposite party no.2. The petitioner lodged a Sanha on 17.02.2009 being Sanha No. 292/09 wherein it was alleged that the opposite party no.2 eloped with one Dinesh Rai, thereafter the present complaint was filed on 19.02.2011. The opposite party no.2 admits that her two children are working. 2 In the circumstance, the petitioner is ready to pay Rs. 700/- per month to the opposite party no.2 by depositing the same in the bank account of the opposite party no.2 by second week of every month. The opposite party no.2 accepts the offer of the petitioner and undertakes to supply her bank account number to the petitioner within a period of two weeks by submitting the same on an affidavit before the learned court below. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceedings. Considering the aforesaid stand of the parties, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sitamarhi Sadar in Connection with Complaint Case No. 242/09 subject to the conditions as laid down under Section 438(2) Cr.P.C. 3 Three consecutive defaults in making payment by the petitioner will give liberty to the opposite party no.2 to file an application for cancellation of the bail of the petitioner. The aforesaid order will no way preclude the parties to reconcile the issue in future. Amrendra/ (Dinesh Kumar Singh, J)