IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17796 of 2011 Manish Kumar Versus The State of Bihar & Anr. ----------- 3 27.09.2011 The petitioner being the husband is apprehending his arrest in a complaint case in which cognizance has been taken under Sections 498A and 323/34 of the Indian Penal Code. The petitioner and opposite party no.2 are present. The opposite party no.2 admits that she was initially married with one Rajdev Prasad and out of wedlock one baby girl was born who is aged about five year, but since, Rajdev Prasad went traceless hence she married with the petitioner in the year 2008. The marriage has been denied by the petitioner. The opposite party no.2 admits that the she did not divorce her first husband till date. In the circumstances, the petitioner is ready to pay Rs. 800/- per month to the opposite party no.2 from November, 2011 by depositing the same in the bank account of the opposite party no.2 by second week of every month. 2 The opposite party no.2 accepts the offer of the petitioner and undertakes to supply her bank account number to the petitioner by filing the same on an affidavit before the learned court below within a period of three weeks. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceeding. It is made clear that the aforesaid payment will have no bearing on the relationship between the parties. Considering the stand of the parties, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jehanabad in connection with Complaint Case No. 1105/2009, subject to the conditions as laid down under Section 438(2) Cr.P.C. Three consecutive defaults in making 3 payment by the petitioner will give liberty to the opposite party no.2 to file an application for cancellation of the bail of the petitioner. Amrendra/- (Dinesh Kumar Singh, J.)