IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.30002 of 2008 ARBIND KUMAR SINGH Vrs. THE STATE OF BIHAR & ANR. **** /6/ 23.09.2008 Heard the counsel for the parties. 2. Petitioner, Arbind Kumar Singh, is husband of Baby Vinita Devi, who is daughter of the informant, Hari Narain Singh. First information report has been instituted for offences under Sections 498A, 406, 379/34 of the Indian Penal Code and 3 and 4 of Dowry Prohibition Act. It has been alleged in the first information report that for non- fulfillment of demand of dowry, daughter of informant was tortured and finally deserted by the petitioner. All her belongings and jewellery have been taken away. 3. Petitioner is a Railway employee. In the first information report itself it is stated that some criminal matters were pending against the petitioner prior to marriage of informant’s daughter, complaint case was filed by some other lady under Section 498A of the Indian Penal Code. Without disclosing about that marriage the petitioner solemnized his marriage with the daughter of the informant. In the bail application it has been stated that the daughter of the informant is mentally derailed. Her behaviors are abnormal. 2 Daughter of the informant was called in chambers. There is no sign of any insanity or abnormality. However, the petitioner discloses that he is not ready to live with the informant’s daughter. If that is so he will have to seek legal recourse for that. The relationship in between the petitioner and the daughter of the informant still exists, they are husband and wife. This is the legal responsibility of the petitioner to maintain his wife. 4. Counsel for the petitioner has submitted that petitioner is ready to pay part of his salary for maintenance of his wife. 5. Considering that still there are chances for reconciliation in between the parties, the petitioner, Arbind Kumar Singh, is granted provisional anticipatory bail in connection with Piro (Hashan Bazar) P.S. Case No. 76 of 2008, in case of his surrender before the concerned Court within four weeks from today, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. 3 6. The bail bond of the petitioner should be accepted provisionally subject to payment of Rs.2,000/- per month to Baby Vinita Devi right from the date of institution of the police case. On payment of arrears of this amount an undertaking will be given by the petitioner that he will continue to make such payment till any order is passed by any competent Court in the maintenance or matrimonial matters. Only on deposit of this amount and undertaking filed by the petitioner, provisional anticipatory bail should be confirmed. The payment must be made within two weeks of the grant of provisional anticipatory bail. S.A. ( Mridula Mishra, J. )