IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26174 of 2010 SANTOSH ROY @ SANTOSH RAI S/O LATE BISHWANATH RAI R/O CHAK ANTI PARSADI TOL, P.S. JALEY, DISTRICT- DARBHANGA AT PRESENT RESIDING AT VILLAGE AND P.S. BARAIGAON SHAITRI ROAD, NEAR KABRISTAN, DISTRICT-BOGAION (ASSAM). --PETITIONER Versus THE STATE OF BIHAR --OPP.PARTY 2 06.09.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is named accused in this case, being husband of the complainant, carries allegation of demand of dowry, torture (physical and mental both), etc., also has filed one Matrimonial Case no. 08 of 2009 seeking a decree of judicial separation pending in the Court at Bongaigaon, Assam whereas his wife resides with her parents at Sitamarhi, Bihar. Petitioner is, as said, a businessman. Considering the facts and circumstances, on the petitioner filing an undertaking before the Court below to pay sum of Rs.2,000/- (Rupees two thousand ) per month by way of ad-interim maintenance subject to final order of the competent court on this point and on his surrender or arrest within four weeks from today, the petitioner is directed to be 2 enlarged on bail on his furnishing bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Pupri at Sitamarhi in Complaint Case no.C-1/66 of 2009 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present on consecutive three dates before the court below or till the disposal of the case, whichever is earlier. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation or single default in payment of ad- interim maintenance the privilege granted shall be deemed to be cancelled. (Akhilesh Chandra, J.) AAhmad/