IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21313 of 2010 RAJ KUMAR SAH, son of Sheo Pujan Sah, resident of Raphipur, P.S. – Hussainganj, District – Siwan. --------------- Petitioner. Versus 1. THE STATE OF BIHAR 2. Ganti Devi, wife of Raj Kumar Sah, resident of village – Raphipur, P.S. – Hussainganj, District – Siwan. At present resident of village – Sahuli, P.S. – Hussainganj, District – Siwan. ----------- Opposite Parties. ------- 02. 10.08.2010 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. in spite of blessed with three children. It is submitted during the course of argument that the complainant has already filed a case under section 125 of the Criminal Procedure Code for maintenance before the Principal Judge, Family Court, Siwan. Wherein petitioner has been ordered to pay a sum of Rs. 2,500/- per month by way of maintenance. The petitioner is ready and willing to resume his marital life with the complainant and to show his bonafide offers to start immediate payment of maintenance as ordered by the Family Court and pay of the arrears if any, within 2 – 3 months. On filing of such undertakings and start payment as indicated above, in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Raj Kumar Sah, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten - 2 - thousand only) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Siwan, in connection with Complaint Case No. 910/2008, 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, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)