IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23661 of 2010 ASHUTOSH MISHRA, son of Shambhu Prasad Mishra, resident of village – jagdishpur, Bhagnagri, P.S. – Sakra, District – Muzaffarpur. --------- Petitioner. Versus THE STATE OF BIHAR ---- Opposite Party 02. 03.09.2010 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 carries allegation of demand of dowry, torture etc. It is submitted on behalf of the petitioner that he intends to resume and continue marital life with the complainant for which he has already filed application under section 9 of the Hindu Marriage Act before Principal Judge, Family Court, Muzaffarpur bearing Matrimonial Case No. 308/2009, but, nothing is produced to support, further steps taken in the case securing appearance of the complainant and connected negotiation for reconciliation. Considering the facts and circumstances petitioner who has a business, in the event of filing an undertaking before the court below supported with affidavit to pay a sum of Rs. - 2 - 1,000/- per month by way of ad interim maintenance subject to final order of the competent court and start immediately payment. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Ashutosh Mishra, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Sampat Kumar, Judicial Magistrate, 1st Class, Dalsingsarai, Samastipur, in connection with Complaint Case No. 58/2009, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case whichever is earlier, in case of failure on two consecutive dates, and single default in payment, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)