IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17274 of 2011 NANDLAL MAHTO Versus THE STATE OF BIHAR & ANR. ----------- 2 21.06.2011 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in a complaint case in which cognizance has been taken under Section 498A/34 and 323 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The accusation is of torture and establishing illicit physical relationship with other women. It is submitted by the learned counsel for the petitioner that the marriage was performed on 16.05.1995. The petitioner filed the divorce case on 26.08.2009 thereafter the present complaint was filed on 14.10.2009. It is further submitted that out of the wedlock there are two daughters and they are residing with the petitioner. The petitioner is ready to pay Rs. 1,000/- per 2 month to the complainant from August, 2011 by second week of every month by depositing the same in the bank account of the complainant. Let the petitioner supply the order of this Court to the complainant when the complainant will supply the bank account number to the petitioner. The aforesaid payment will subject to any order being passed in matrimonial or maintenance proceeding. Considering the aforesaid facts, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Siwan in connection with Complaint Case no. 2385 of 2009 subject to the conditions as laid down under Section 438(2) Cr.P.C. Three consecutive defaults in making the payment by the petitioner will give liberty to the 3 complainant to file an appropriate application for cancellation of the bail of the petitioner. Amrendra/- (Dinesh Kumar Singh, J.)