IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8718 of 2011 Hessamuddin Khan Versus The State Of Bihar ----------- 03. 14.09.2011 The petitioner being the husband is apprehending his arrest in a complaint case in which cognizance has been taken under Sections 498A of the I.P.C. In pursuance to the order dated 07.04.2011, the petitioner and opposite party no.2 are present. The claim of the petitioner is that the marriage was performed with opposite party no. 2 in the year 1996, but she was divorced in the year 1999 and all Den Mohar amounts have already been returned to the complainant. The stand of the petitioner is being denied by the opposite party no. 2. The opposite party no.2 claims that she has two children out of wedlock whereas it is submitted by the petitioner that the opposite party no.2 has already married to some other person which is also denied by the opposite party no.2. In the circumstances, the petitioner is ready to pay Rs. 2,000/- per month from October, 2011 to the opposite party no.2 by depositing the same in the bank 2 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 have no bearing on the relationship between the parties. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceeding. Considering the aforesaid stand of the parties, let the above named petitioner be released on anticipatory bail in the event of 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 Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No. 2516(C) of 2009 subject to the conditions as laid down under Section 438(2) of the 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 from getting the matter reconciled. Amrendra/ (Dinesh Kumar Singh, J)