IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18219 of 2011 (1) Shyam Nandan Singh Son of Late Bidhu Singh. (2) Sanjay Kumar Sinha son of Shyam Nandan Singh. Both are R/o Mohalla-Harekh, P.S. & District-Begusarai. ….Petitioners. Versus The State of Bihar …..Opposite Party. ----------- 4. 17.08.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioners apprehending their arrest in connection with Complaint Case No. 730 of 2010 for the offences under Sections 323, 380 and 313 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Samastipur. The two petitioners are named accused in this case respectively being father-in-law and husband of the complainant with allegation of demand of dowry, torture etc. Submission is that earlier there was a case under Section 498A of Indian Penal Code at Begusarai wherein the petitioner no. 2 had to remain in custody for brief period but causing his removal from service. Further submission is that on the grounds mentioned therein one matrimonial case bearing no. 42 of 2010 under Section 13 of the Hindu Marriage Act, at the instance of petitioner no. 2 is pending before the Principal Judge, Family Court, Begusarai seeking dissolution of marriage between divorce. There is one application under Section 125 Cr. P.C. before the Principal Judge, Family Court Samstipur no interim maintenance given by 2 the petitioners. However, petitioners are willing and specifically petitioner no. 1 is ready to pay sum of Rs. 7,00/- per month by way of interim maintenance to his wife i.e. complainant subject to any order of the competent Court on the point. Considering the facts and circumstances of the case, in the event of arrest or surrender within a period of four weeks, let the above-named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur, in connection with Complaint Case No. 730 of 2010 subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition for petitioner no. 2 to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation or in single default in payment, the privilege granted shall be deemed to be cancelled. Kamlesh (Akhilesh Chandra, J.)