IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11682 of 2010 DILIP SAH, Son of Jhagroo Sah @ Jagroop Sah, R/O Village East Ishmailpur, East of Kachahari Chowk, P.S. Hajipur Sadar, District Vaishali. .........Petitioner Versus 1.THE STATE OF BIHAR 2.KIRAN DEVI, Wife of Dilip Sah, D/O Ram Bishun Sah at present residing at Mohalla Bagmali, P.S. Hajipur Town, District Vaishali. .........Opposite Parties 05/- 26-10-2010 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State. In spite of notices none appeared on behalf of opposite party no. 2, the complainant. It appears an unfortunate case where petitioner being husband of the complainant has been facing litigation since 2004. A few of them entered into compromise and subsequent to present case another case was filed against the petitioner, where in police after investigation submitted final form. It is submitted that petitioner under compelling circumstances has filed matrimonial suit seeking decree of divorce, where in after initial hesitation the complainant, opposite party no. 2 appeared and matter is going on. In another proceeding under Section 125 Cr.P.C. as ordered amount of maintenance is being regularly paid. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Dilip Sah, 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 2 satisfaction of Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. C1-3400 of 2007, 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 till disposal of the case, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Praveen (Akhilesh Chandra, J.)