IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24374 of 2011 Pankaj Kumar @ Guddu @ Guddu Gupta, Son of Paras Nath Gupta. Resident of Mohalla Galla Mandi Mirganj. P.S. Mirganj, District Gopalganj. ---------- Petitioner Versus The State Of Bihar -------- Opposite Party ----------- 02/- 17/08/2011 Heard learned counsel for the petitioner, learned counsel for the informant-complainant and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest, in connection with C. No. 636 of 2010, Trial No. 3370 of 2011 for the offences punishable under Sections 498-A, 406/34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act, is named accused in this case being husband of the informant-complainant with allegation of demand of dowry, torture etc. Submission is that petitioner has already filed Matrimonial Case No. 53 of 2010 before the Principal Judge, Family Court, Gopalganj, seeking dissolution of marriage and decree of divorce on the grounds mentioned therein and the informant- complainant has also filed one application under Section 125 of the Code of Criminal Procedure before the Principal Judge, Family Court, Siwan, but till date there is no order of ad interim maintenance. However, petitioner is ready to pay some amount for such purpose, subject to any order on the point by the competent court. Considering the facts and circumstances of the case, on the event of filing of an application before the court below, clearly 2 stating such intention as stated above with an offer to pay a sum of Rs. 500/- (five hundred only) per month to the informant-complainant by way of ad interim maintenance, subject to any order on the point by the competent court, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged 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 Sub-Divisional Judicial Magistrate, Siwan in connection with C.No. 636 of 2010, Trial No. 3370 of 2011, 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, without giving any reasonable explanation or even on single default in payment, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)