IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40213 of 2009 MD. ALAMGEER ANSARI, s/o Md. Abid Hussain, r/o village- Kukron Amari (Sonapur), P. S.- Dhamdaha, District- Purnia…… Petitioner. Versus STATE OF BIHAR ----------- 2. 26.11.2009. Heard counsel for the petitioner and counsel for the State. The petitioner, husband seeks bail for offence under Section 498 A and other allied sections of Indian Penal Code on the ground that if the wife of the petitioner is not prepared to live with him that by itself will not amount to mental cruelty much less making him liable for prosecution on the ficticious allegation of demand of dowry. Such submission on behalf of the petitioner was also noted by the court below which on issue of notice to the informant as also hearing her had found that the petitioner was in the habit of making false promises and taking the informant back to his house and after sometime again create a helpless situation for her in which she had to go back to her parents’ place. Noticing this peculiar aspect of this case, counsel for the petitioner was asked to take instructions as to whether he 2 would be ready to maintain his wife by financially supporting her till the dispute could be resolved. Counsel for the petitioner on such instruction today submits that the petitioner is prepared to pay a sum of Rs.1000/- per month for the maintenance of the informant, wife. This court would find that when the marriage had taken place in the year 2002, the amount of then mohar was Rs.11,786 and one asharfi i.e. 11.8. grams of gold. In that view of the matter, the offer to pay Rs.1000/- per month for the maintenance of her wife, the complainant, informant does not seem to be unreasonable. That being so, if the petitioner would pay a sum of Rs.5000/- by a bank draft in the name of the complainant, informant Sajada Khatton, and also give an undertaking before the court below that he will keep on paying a sum of Rs.1000/-, per month by every 10th of forthcoming months till the pendency of the criminal case, the court below shall grant bail to the petitioner namely Md. Alamgeer Ansari on his furnishing bail bond of Rs.10,000/- (ten thousand) with two 3 sureties of the like amount each to the satisfaction of CJM, Purnia in connection with Dhamdaha P. S. Case No. 46 of 2009. It would be part of the condition for the petitioner continuing on bail that he will continue making such monthly payment to the complainant, wife till the pendency of the criminal case or any amicable compromise arrived at between the parties. Failure to do so by committing any default in payment would lead to automatic cancellation of bail under this order. Liberty however is given to the petitioner or his wife to seek any modification in this order, if there by any need for the same. kanchan (Mihir Kumar Jha, J.)