IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23869 of 2010 Nand Kishore Roy, S/o – Shukhari Yadav, resident of village – Shaipur Mathia, P.S. – Khaira, District – Saran. ------ Petitioner. Versus THE STATE OF BIHAR ----- Opposite Party. ----------- 02. 13.09.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner being husband of daughter of the complainant is named accused in this case carries allegation of demand of dowry, torture etc. He further appears filing one complaint petition no. 175/2009 before the court below against the informant and his other family members. It is submitted by learned counsel for the petitioner that he is ready and willing to resume and continue marital life with his wife. Though in the order of learned Sessions Judge, it appears that he has straight way denied to do so. Considering the facts and circumstances on the event of the petitioner filing an application under section 9 of the Hindu Marriage Act before the Principal Judge, Family Court, Saran at Chapra, seeking restitution of conjugal rights with a clear intention to provide a sum of Rs. 500/- per month by way of ad interim maintenance till dispute is resolved and with proof of filing such petition besides an undertaking to pay the amount and begin with the payment. Considering the facts and circumstances of the case, 2 in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Nand Kishore Roy, 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 Judicial Magistrate, 1st Class, Chapra, in connection with Complaint Case No. 955/2009, Tr. No. 2251/2009, 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 as well as Principal Judge, Family Court, Saran at Chapra, on each and every date at least for one year or till disposal of the case whichever is earlier, in case of failure on two consecutive dates and default in single payment, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)