IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35889 of 2010 RAJESH KUMAR KOTHIWAL, S/o – Devdhari Prasad Kothiwal, resident of village – Dumarwana, P.S. Bairgania, District – Sitamarhi. ----- Petitioner. Versus 1. The State of Bihar 2. Seema Rani, W/o – Rajesh Kumar Kothiwal, C/o – Chandradeo Prasad, resident of village – Chahut Kamtaul, P.S. – kamtaul, District – Darbhanga. ---- Opposite Party. ------- 02. 18.11.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner being L.I.C. Agent is named accused in this case being husband of the complainant carries allegation of demand of dowry, torture etc. It is submitted on behalf of learned counsel for the petitioner that he is ready and willing to resume and continue marital life with the complainant, for the purpose he has already filed a petition for restitution of conjugal right bearing Matrimonial Case No. 08/2009 before Principal Judge, Family Court, Sitamarhi, under section 9 of the Hindu Marriage Act, wherein complainant has already entered into appearance but yet to take her stand. Considering the facts and circumstances of the case on the event of petitioner filing - 2 - an application before the court below with intention which expressed here with additional offer to pay a sum of Rs. 800/- per month by way of ad interim maintenance to the complainant subject to final order of competent authority on the point or any agreement between the parties and begin with the payment, in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Rajesh Kumar Kothiwal, 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 S.D.J.M. Darbhanga, in connection with C.R.No. 174/2007, corresponding to T.R. No. 1702/2010, 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 till disposal of the case, 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.)