IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34363 of 2009 SHASHI BHUSHAN SINGH SON OF LATE Arjun Singh, residentof village Shambho Sarlahi, P.S. Shambho, District Begusarai.. .. Petitioner Versus STATE OF BIHAR & ANR. … OPPOSITE PARTIES ----------- 11 13.01.2011 Heard Mr. A.K. Thakur, learned counsel for the petitioner, Mr. Ravi S. Pankaj, learned counsel for opposite party no. 2 and Mr. U.S.P. Singh, learned APP for the State. Petitioner files supplementary affidavit. Let it be kept on the record. It is submitted on behalf of the petitioner that the petitioner is ready to lead conjugal life along with the petitioner. However, it is urged on behalf of opposite party no. 2 that she is not being treated well, thus, she is not desirous of going with the petitioner. The petitioner has also stated that he is ready either to transfer half of his landed property in favour of the informant or alternatively, he is ready to pay Rs. 1000/-(one thousand) per month by way of maintenance to opposite party no. 2. Learned counsel appearing on behalf of opposite party no. 2 submits that she will accept the proposed maintenance amount, however, the same should not preclude her from taking recourse to legal 2 remedy with regard to maintenance. Further, as has been earlier alleged by the opposite party no. 2 that her ornaments have been kept by the petitioner and by filing a supplementary affidavit dated 30.06.2010, the petitioner had undertaken to give the gold coin weighing 55 grams, the same also be given to the opposite party no. 2. Learned counsel for the petitioner, upon this, submits that since the petitioner is ready with the gold coin and as per his earlier undertaking given on oath, he would also hand it over to her at the time of depositing the amount of maintenance for the first month. Considering the facts and circumstances of the case and in view of the affidavit filed on behalf of the petitioner as well as the undertaking given by the petitioner, the provisional bail earlier granted to the petitioner vide order dated 13.10.2009 by this Court is made absolute subject to the condition that the petitioner, as per the undertaking, shall hand over the gold coin weighing 55 grams purchased from any recognised Bank or Post Office and deposit Rs. 1000/- (one thousand) per month in the court concerned, which is in seisin of the trial. The maintenance amount as well as gold coin should be 3 deposited in the first week of February 2011 before the court concerned and thereafter the said amount should be deposited in the first week of every subsequent month. The opposite party no. 2 would be at liberty to withdraw the same. It is made clear that if the aforesaid undertaking given by the petitioner is violated by him then the court concerned would be at liberty to take steps for cancellation of his bail bonds. It is also made clear that the aforesaid condition for payment of the maintenance amount would not come in the way of the opposite party no. 2 in moving before the appropriate forum for the purpose of maintenance and this arrangement would be till any order, if it is passed by any appropriate court. SC (Dr. Ravi Ranjan, J.)