IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20124 of 2011 Bhola Kumar Sah @ Bhola Sah, Son of Jai Prakash Sao. Resident of Mohalla Gayatrinagar, Jamalpur, Road No. 2, Police Station Jamalpur, District Munger. ---------- Petitioner Versus 1.The State Of Bihar. 2.Seema Kumari @ Doli Kumari, Daughter of Sri Bhuneshwar Sah and Wife of Bhola Kumar Sah @ Bhola Sah. Resident of Singhpur, P.O & P.S. Haweli, Kharagpur, District Munger. -------- Opposite Parties ----------- 03/- 10/08/2011 Heard learned counsel for the petitioner, learned counsel for the complainant and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest, in connection with Complaint Case No. 899 C of 2009 for the offences punishable under Sections 498A, 323 of the Indian Penal Code and 4 of the Dowry Prohibition Act, pending in the court of Sub- Divisional Judicial Magistrate, Sadar, Munger, is named accused in this case being husband of the complainant with allegation of demand of dowry, torture etc. Submission is that much before filing of instant complaint case, petitioner has already filed Matrimonial Suit No. 1 of 2008 before the Principal Judge, Family Court, Munger, seeking dissolution of marriage and decree of divorce, wherein, the complainant has not only entered into appearance, but has also been receiving Rs. 1,100/- (One Thousand One Hundred Only) per month by way of interim maintenance. Further, submission is that the payment continued and there is no due. 2 Considering the facts and circumstances of the case, on the event of filing an application before the court below, clearly stating and annexing the proof of full payment in accordance with order of Principal Judge, Family Court, Munger in Matrimonial Suit No. 1 of 2008 with further undertaking to continue the payment, subject to any other 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, Sadar, Munger, in connection with Complaint Case No. 899 C of 2009, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before both the courts i.e. court of Sub- Divisional Judicial Magistrate, Sadar, Munger and Principal Judge, Family Court, Munger on each and every date at least for two years of 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.)