IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8567 of 2010 MD.USMAN Versus STATE OF BIHAR ----------- For the petitioner: Mr. Nafisuzzoha , Advocate. For the informant: Mr. Krishna Pd. Singh, Sr. Advocate. For the State: Mr. Binod Kumar, No. 3, A.P.P. 5 3.5.2010 Heard the parties. In compliance of order dated 30.4.2010 Rs. 2,000/- in cash has been paid by the petitioner to the complaint in the court. In compliance of order dated 19.4.2010 the petitioner Md. Usman and the complainant Latima Khatoon @ Salima Khatoon are physically present in the court and they have been duly identified by their respective counsels. Both sides have filed their respective affidavit in supports of their respective claims. It has been agreed that petitioner shall pay Rs. 1,800/- per month to the complainant by way of her maintenance by 10th of the every succeeding month regularly. It is also stated that petitioner has already given a room which is part of the big house for the use of the complainant. It is also agreed that verandah portion, infront of that room, shall be left to the complaint for her use in the manner she likes. In a criminal prosecution of offence under section 498 A and some other offences under the Indian penal Code, the petitioner is husband of the complainant and there is allegation of demand of dowry and torture against him. However, in view of agreement arrived at between the parties referred to above, in the event of arrest or surrender within a period of four weeks from today, the above named petitioner shall be enlarged on bail on - 2 - furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Rajeev Ranjan Sahay, J.M. ist class, Saharsa in connection with complaint case No. 1358C of 2009, subject to the conditions laid down under section 438(2) Cr.P.C. However, if the terms and conditions of the compromise referred to above is observed by the petitioner in its letters and spirit for some reasonable period, it would be open for the party to file appropriate petition in the court below for disposal of the criminal case. If the maintenance, as agreed is paid to the complainant by the petitioner then she shall not pursue the maintenance case separately filed for that purpose. It goes without saying that if the terms and conditions of the compromise are not complied with by the petitioner then it would be construed that petitioner, has misused the privilege of bail granted to him and the consequences shall follow. ( Birendra Prasad Verma, J. ) M.Rahman