IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4554 of 2010 GHANSHYAM JHA @ ABHAY KUMAR JHA, Son of Late Shiv Kant Jha Versus THE STATE OF BIHAR ----------- 2/ 30.03.2010 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offence under Section 498 (A) of the Indian Penal Code. A Matrimonial suit was filed before the Family Court, Madhubani bearing Matrimonial Case no. 46 of 2007. In the aforesaid case a compromise was arrived at between the parties wherein one of the conditions was that the petitioner will pay Rs. 2,000/- per month as maintenance. Counsel for the informant states that the complainant has not been receiving the maintenance amount regularly. Counsel for the petitioner has produced two money order receipts to show that he has made the remittance. After hearing the counsel for the parties, in the event of arrest or surrender within six weeks from today before the court below in connection with C.R. no. 1442 of 2007, above named petitioner shall be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Madhubani, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with the following conditions: (i) The petitioner will send the maintenance amount through money order or will credit it in the account of the opposite party no.2, - 2 - as directed by the Family Court, Madhubani. The petitioner will deposit all the arrears if not already deposited within a period of three months from today in three equal installments. (ii) After every two months the petitioner will file a petition before the Family Court, Madhubani that he has visited the girl at her Naihar. In case, the arrears is not deposited, it would be open to the opposite party no.2 to pray for cancellation of the bail before the learned court below, in seisin of the case. Uday/ (Samarendra Pratap Singh, J.)