IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5669 of 2010 UPENDRA KUMAR PANDEY @ UPENDRA PANDEY Versus STATE OF BIHAR ----------- 05. 13.09.2010 In pursuance to the order dated 14.07.2010 both the petitioner and O.P. No. 2 are present. Though it is submitted on behalf of O.P. No. 2 that she is ready to resume the conjugal life but the petitioner raises apprehension on the ground that O.P. No. 2 is mentally sick and which has been traced by Women Commission whose order-sheet has been brought on record as Annexure-2. It is further submitted on behalf of the petitioner that divorce case was filed on his behalf on 26.03.2009 and as a retaliatory major the present complaint case has been filed on 18.11.2009. It is submitted on behalf of O.P. No. 2 that though in the maintenance proceeding the interim maintenance has been awarded but the same has not been paid on the ground that maintenance order has been challenged before this Court. Petitioner undertakes to deposit the maintenance amount as awarded in the 2 maintenance proceeding along with the arrears in the account of O.P. No. 2 within a period of 10 days. O.P. No. 2 undertakes to supply her account number within a period of one week to the petitioner. The aforesaid payment will be subject to any order passed in maintenance proceeding by the original Court or by the higher Court. In view of the aforesaid undertakings and the fact that the divorce case was filed on earlier point of time on behalf of the petitioner, let the provisional bail dated 06.04.2010 granted to the petitioner in connection with Complaint Case No. 1368 of 2009 be confirmed. The grant of bail however will not preclude the parties from resuming their conjugal life if they so desire. If the petitioner fails to comply the undertaking given before this Court then the O.P. No. 2 will be at liberty to file appropriate application for cancellation of bail of the petitioner. Shageer ( Dinesh Kumar Singh, J.)