IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45198 of 2011 ====================================================== Upendra Tiwary, Son of Sri Rajeshwar Tiwary. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 10-02-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under Sections 498(A)/34 of the Indian Penal Code and ¾ of the Dowry Prohibition Act, is one of the named accused in this case being husband of the complainant with allegation of demand of dowry, torture etc. Submission is of total denial of the allegation levelled against the petitioner and intention to resume and continue the matrimonial relationship with the complainant, who is his one and only wife for which one Matrimonial Case No. 2 of 2010 under Section 9 of the Hindu Marriage Act has already been filed and pending before the Principal Judge, Family Court, Bhabhua, but till date, there is no order of interim maintenance. However, petitioner is ready to to pay a sum of Rs.3,000/- (three thousand only) per month to the complainant by way of interim maintenance, subject to any order on the point by the competent Court. Considering the facts and circumstances of the case, in the event of filing duly verified petition supported with personal affidavit before the court below, clearly stating all such intentions as stated above and begin Patna High Court Cr.Misc. No.45198 of 2011 (2) dt.10-02-2012 2 / 2 2 with the payment, in the event of his arrest/surrender before the court below within four weeks, 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 Chief Judicial Magistrate, Bhojpur, Ara, in connection with Koilwar P.S. Case No. 73 of 2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and 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. Praveen-II/- (Akhilesh Chandra, J)