1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31685 of 2011 Md. Samir Ansari @ Md Samir @ Guddu S/o Late Dil Mohammad Mian, R/o Village-Adarchak Tola Manuadehri P.S. and P.S. Dumariya, District-Gaya. --Petitioner Versus 1. The State Of Bihar 2. Sajda Khatoon, Wife of Md. Samir Ansari @ Guddu, D/o Md. Jamaluddin, R/o Village-Adarchak Tola Manua Dehri, P.S. Dumariya, District-Gaya, at present R/o Village- Chhakarbandra Tola Bhandar, P.S. Imamganj, District-Gaya. –Opp.Party 4 25.11.2011 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is one of the named accused in this case being husband of the complainant with allegation of demand of dowry, torture. Submission on behalf of the petitioner is that he is ready and will to resume the matrimonial relationship with the complainant whereas opposite party no.2, the complainant, by filing counter affidavit it is pointed out that one Misc.Case no. 59 of 2011 has already been filed before Principal Judge, Family Court, Gaya, under Section 125 of the Code of Criminal Procedure wherein next date fixed is 11th 2 December, 2011 but inspite of notices the petitioner avoided appearance. However, the petitioner offered to make payment of Rs.1000/- per month by way of interim maintenance subject to any other order of the competent court in this regard and further assures to appear before Family Court on the date fixed. Considering the facts and circumstances, in the event of filing an application before the court below showing such intention and begin with the payment, the petitioner, in the event of arrest or surrender within four weeks from today, is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.K. Singh, Judicial Magistrate, first class, Sherghati, Gaya, in Complaint Case no. 659 of 2010 / Tr. No. 1077 of 2010, 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 till 3 AAhmad/ disposal of the case. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be cancelled. (Akhilesh Chandra, J.)