IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6381 of 2009 GAUTAM GYANESH, Son of Raman Kumar Srivastava, resident of Mohalla-Nirala Nagar, Gaushala Road, P.S-Mithunpura, District- Muzaffarpur. Presently residing at Life Insurance of Indian Corporation, Dehri Branch (as a Development Officer), P.S.-Dehri, District-Rohtas. …………Petitioner. Versus 1. The State of Bihar. 2. Alka Gyanesh @ Alka jain, W/o Gautam Gyanesh, resident of village-Nirala Nagar, Gaushala Road, P.S.-Mithanpura, District- Muzaffarpur at present residing at house of Shivganj, C/o Baban Sharam, P.S.-Dihri, District-Rohtas. …………Opp Parties. ----------- 6/ 01.12.2009 Heard counsel for the petitioner, State and the O.P. No. 2. The petitioner and O.P. No. 2 have solemnized their marriage according to their own wish. It was not an arrange marriage. Petitioner’s case is that the opposite party concealed fact from him that she has been divorced by her first husband, she has a girl child from her first husband. Subsequently, O.P. No. 2 gave birth to a girl child, who is the daughter of the petitioner. Relationship in between the parties has become strained. Petitioner is not willing to live with O.P. No. 2 but O.P. No. 2 is still willing to live with the petitioner. A matrimonial case for dissolution of marriage has been filed by the petitioner and that is pending before the Principal Judge, Family Court, Sasaram. O.P. No. 2 has already filed an application for ad- interim maintenance. Reconciliation proceeding has to be 2 initiated. Considering these facts, prayer for anticipatory bail on behalf of above named petitioner is allowed. He is directed to be released on bail, in case of his appearance before the court below within a period of four 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 Chief Judicial Magistrate, Sasaram in connection with Dehri P.S. Case No. 291 of 2008. Subject to the condition that he will make payment of Rs. 4,000/-(four thousand) per month for the maintenance of his girl child, till any order granting ad-interim maintenance to the girl child is passed by the Family Court, Sasaram, on the petition filed by O.P. No. 2. Once, as per the direction of the Family Court, payment of ad-interim maintenance for the girl child is started, the payment of maintenance amount, as per the direction of this Court will come to an end. In case the petitioner refuses to make payment or fails to make payment, anticipatory bail granted to the petitioner shall be liable to be cancelled. The maintenance amount should be deposited by the petitioner in the savings bank account of the O.P. No. 2. Sanjeet/ (Mridula Mishra, J.)