IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13764 of 2010 RAJU YADAV S/O SURESH YADAV, R/O VILLAGE- KHUDNA (BISHANPUR), P.S. RAUTARA, DISTRICT- KATIHAR. --PETITIONER Versus 1. THE STATE OF BIHAR 2. VEENA DEVI, W/O RAJU YADAV AND D/O DHOTY YADAV, R/O VILLAGE-JHUNNI KALA, P.S. K. NAGAR, DISTRICT-PURNIA. --OPP.PARTY 4 27.10.2010 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and Sri Ajit Kumar Singh for the informant opposite party no.2. Petitioner is named accused in this case being husband of the informant carrying allegation of demand of dowry, torture etc. However, there is one Matrimonial Case no. 197 of 2009 filed by the petitioner before Principal Judge, Family Court, Katihar, under Section 9 of the Hindu Marriage Act wherein the informant is yet to appear. It is submitted that petitioner and opposite party no.2 both are inclined to resume their marital life. Considering the facts and circumstances, on the event of filing of petition before the court below stating an offer to make payment of Rs.1,000/- (Rupees one thousand) 2 AAhmad/ per month by way of ad-interim maintenance subject to final order of the competent court on the point and begin with the payment, the petitioner, in the event of his arrest or surrender within four weeks from today, is directed to be released on bail on his furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Korha (Rautara) P.S. Case no. 234 of 2009 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present before the court below on each and every date till disposal of the case. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be cancelled. Before the amount of maintenance so ordered be released in favour of informant-opposite party no.2 she must appear in the Family Court in Matrimonial Case otherwise the amount will be kept and continued to be deposited before the court below. (Akhilesh Chandra, J.) 3