IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5804 of 2011 SHEKH MUSTAFA S/O SK. MAJEED, R/O VILLAGE- BRINDABAN, P.O. DANIYAL PARSAUNA, P.S. SATHI, DISTRICT- WEST CHAMPARAN. --PETITIONER Versus 1.THE STATE OF BIHAR 2.KHATBEEN NESHA WIFE OF SK. MUSTAFA, R/O VILLAGE BRINDABAN, P.S. DANI8YAL PARSAUNA, P.S. SATHI, DISTT-WEST CHAMPARAN. --OPP.PARTY 2 26.03.2011 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 with whom he was married in the year 2002 and they are non-resident, the issues of two full brothers but some how or other relationship has become strange. On behalf of the complainant one case under Section 125 of the Code of Criminal Procedure has been filed. On the onther hand, petitioner has filed a case seeking confirmation of divorce already granted. Nothing is being paid as maintenance. Considering the facts and circumstances, subject to filing of a petition before the court below making clear 2 offer to pay a sum of Rs.800/- forthwith by way of maintenance subject to any order of the competent Court on this point and start making payment, the petitioner, in the event of arrest or surrender within four weeks from today, is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Bettiah, West Champaran, in Complaint Case no. 108 of 2010, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional conditions that he shall remain present before the court below on each and every date till disposal of the case. If he fails to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be cancelled. AAhmad ( Akhilesh Chandra, J.)