IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23807 of 2010 KAUSHALENDRA KUMAR S/O SRI BANARAS PRASAD, R/O PURANI BANK ROAD, P.S. WARISALIGANJ, DISTRICT-NAWADAH, PERMANENT ADDRESS IS VILLAGE LOHRAJPUR, P.S. KATRISARAI, DISTRICT- NALANDA, PRESENTLY POSTED AT STATE BANK OF PATIALA-2, CENTRAL AVENUE, NAGPUR. --PETITIONER Versus THE STATE OF BIHAR --OPP.PARTY 2 08.09.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is named accused in this complaint case, being husband of the complainant, who, for some reasons, as is evident from different orders of learned sessions Judge, is not agreeable to lead conjugal life with the petitioner, a bank employee, residing with the only issue, a female child who is a student in Nursery class residing in a hostel. Considering the facts and circumstances, in the event of petitioner’s submitting an undertaking before the court below to pay a sum of Rs.3,000/- (Rupees three thousand) per month by way of interim maintenance to the complainant, subject to final order by the competent court on 2 the point, the petitioner, in the event of his arrest or surrender within four weeks from today, is directed to be enlarged on bail on his furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Patna, in Complaint Case no 2648 ( C ) of 2007 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 before the court below on four consecutive dates or till disposal of the case, whichever is earlier. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation or a single default in payment the privilege granted shall be deemed to be cancelled. (Akhilesh Chandra, J.) AAhmad