IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23071 of 2011 Mukesh Kumar, son of Rajdeo Rai, resident of village – Darjiya, P.O. – Kishunpur Mahani, P.S. – Kudhani, District – Muzaffarpur. ------ Petitioner. Versus 1. The State of Bihar 2. Sangita Kumari, W/o – Mukesh Kumar, D/o – Bisheshwar Rai, of village – Madhopur, P.O. – Emadpur, P.S. – Sarai, District – Vaishali. ------- Opposite Parties. ------------- 03. 09.08.2011 Heard learned counsel for the petitioner, learned counsel for the informant-opposite party no.2 and learned Additional Public Prosecutor for the State. Counter affidavit has been filed on behalf of the Opposite Party No.2. The petitioner, apprehends his arrest in connection with Sarai P.S. Case No. 155/2010 for the offences under Sections 323/379/498(A)/34 of the Indian Penal Code and 4 of the Dowry Prohibition Act, is named accused in this case being husband of the complainant-informant with allegation of demand of dowry, torture etc. and subsequently during process of reconciliation further allegation was levelled of having another wife namely, Lohia Devi, daughter of Prabhat Rai @ Shyam and Sunita Devi, resident of village – Kharki Kuiyan, P.O. – Kharki Kuiyan, P.S. – Chakiya, 2 District – East Champaran, presently residing with her maternal uncle Sheojee Rai, resident of village + Post – Turki, P.S. – Kurhani, District – Muzaffarpur. Submission is that though petitioner has filed matrimonial case no. 272/2010 before Principal Judge, Family Court, Muzaffarpur, seeking dissolution of marriage and decree of divorce, on the grounds mentioned therein but still he intends to resume and continue matrimonial relationship with the complainant-informant who is one and only wife. He is not married with any other lady including Lohia Devi aforementioned. In order to further strengthen his intention an offer is made to pay a sum of Rs. 500/- per month by way of ad interim maintenance to the complainant subject to any order by the competent court on the point. Considering the facts and circumstances of the case, in the event of filing an application before both the courts stating such intention with clear offer of payment, and in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount 3 each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Sarai P.S. Case No. 155/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation or any default in payment, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.)