IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.4406 of 2011 PANKAJ KUMAR S/O SHYAM CHANDRA PRASAD, R/O VILLAGE- BAGUINA COLLIERY ROAD, A.G.M. QUARTER, NEAR WATRER TANK, P.O. AND P.S. BARAKAR, DISTRICT-BURDWAN (W.B.) -Petitioner Versus THE STATE OF BIHAR -Opposite Party 5. 11.07.2011 Heard learned counsel for the petitioner, complainant and learned Additional Public Prosecutor for the State. Petitioner is named accused in this Complaint Case being husband of the complainant against whom there is another case bearing Civil Lines P.S. Case no. 280 of 2008 instituted under Sections 498(A) and 406 of the Indian Penal Code and ¾ of the Dowry Prohibition Act at the instance of the complainant wherein, as it appears, vide order dated 20.11.2009 passed by this Court in Cr.Misc. no. 37226 of 2009 anticipating some resolution between the parties for six weeks ad-interim relief was granted to the petitioner but somehow or other no fruitful result could come out. However, during the course of argument 2 it is submitted at the Bar that none of the side intends to break the matrimonial relationship between the parties. Taking into consideration subject to filing an application under Section 9 of the Hindu Marriage Act by the petitioner before the Principal Judge, Family Court, Gaya, seeking restitution of conjugal rights and appearing before the court below with such inttimation as well as an offer to pay a sum of Rs.500/- per month by way of interim maintenance to the complainant subject to any order by the competent court on the issue, in the event of arrest or surrender within four weeks from communication of the order, the petitioner 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 Sri Anil Kumar, Subdivisional Judicial Magistrate, Gaya, in Complaint Case no. 65 of 2008, Tr. No. 1875 of 2010, 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 for two years or till disposal of the case, whichever is earlier. On failure to pay even one single instalment or absence on 3 two consecutive dates without any reasonable cause, the privilege so granted shall be deemed to be cancelled. AAhmad ( Akhilesh Chandra, J.)