IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23574 of 2011 Manoj Kumar Pathak, S/O Sri Aditya Narayan Pathak, R/O House No. -106, Surey View Park Bandel, P.O. Bandel, P.S.- Chinsurah, Distt- Hooghly, West Bengal. .... Petitioner. Versus The State of Bihar ..Opp. Party. ----------- 2 09.08.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Learned counsel for the complainant who appeared by filing Vakalatnama. The petitioner apprehends his arrest in connection with East Colony P.S. Case No. - 37 of 2010 for the offences punishable under Section 498A, 307 & 504 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, pending in the Court of Chief Judicial Magistrate, Munger, is named accused in this case being husband of the complainant/informant with allegation of demand of dowry, torture etc. Submission is that on the ground mentioned herein the petitioner has already filed Matrimonial Suit No. 695 of 2009 under Section 12 of the Hindu Marriage Act, seeking annulment of marriage, the above case subsequently at the instance of complainant/informant has already been 2 transferred from the Court of District Judge, Hooghly to the Court of Principal Judge, Family Court, Munger, wherein the petitioner apprehending his arrest could not take proper steps. Subsequently, as pointed out by learned counsel for complainant/informant, the case has been dismissed for non-prosecution on 21st July, 2011 (bearing case No. 17 of 2011), who further pointed out that in a case under Section 125 of the Cr.P.C. bearing Misc. Case No. 24 of 2010, Principal Judge, Family Court, Munger had already awarded a sum of Rs. 4000/- (four thousand only) per month by way of ad interim maintenance against which revision has already been filed by the petitioner which is pending for orders. To avoid further complications an offer is made on behalf of petitioner to pay a sum of Rs. 40,000/- (forty thousand) lump sum towards order under Section 125 of the Cr.P.C. with further promise to continue payment of Rs. 4,000/- (four thousand) per month as ordered, subject to any order on this point by competent Court. Considering the facts and circumstances of the case, on the event of filing of an application before the court below stating such intentions as stated above, in the event of his arrest/surrender before the court below within four weeks, 3 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 learned Chief Judicial Magistrate, Munger, in connection with East Colony P.S. Case No. 37 of 2010, 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 of till disposal in all the three cases, 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. Bhardwaj (Akhilesh Chandra, J)