1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28817 of 2011 Suresh Sharma @ Suresh Kumar Sharma S/o Late Babu Lal Sharma, R/o Muhalla-Bhagwan Bazar, P.S. Bhagwan Bazar, District-Saran. --Petitioner Versus The State Of Bihar --Opp.party For the Petitioner : Mr. Binay Kant Mani Tripathi For the State : Mr. Anant Kumar, APP For the Informant : Mr. Mani Bhushan Kumar 2 16.09.2011 Heard learned counsel for the Petitioner, learned Additional Public Prosecutor for the State and learned counsel voluntarily appearing for the informant. Petitioner is one of the named accused in this case, being husband of the informant, with allegation of demand of dowry, torture etc. Submission is that under some compelling circumstances petitioner, who is still unemployed person inspite of completing his MBA course, has to file Matrimonial Case no.132 of 2011 before Principal Judge, Family Court, Saran at Chapra 2 under Section 13 of the Hindu Marriage Act seeking dissolution of marriage and decree of divorce wherein the informant has already entered into appearance and filed written statement for the purpose of reconciliation; next date fixed is 20th of this month. It is further contended that still neither any application under Section 125 of the Code of Criminal Procedure nor Section 24 of Hindu Marriage Act has been filed or any interim support was sought but petitioner is ready and willing to pay a sum of Rs.1,200/- (since he is unemployed and if by the competent court this assertion is found wrong, ready to pay penalty of increase of the offer at least eight times besides other amount awarded by the court in accordance with law). Considering the facts and circumstances, on the event of filing an application before the court below stating of the offer with the condition imposed, the petitioner, in the event of arrest or surrender within four weeks from today, is directed to be enlarged on bail on furnishing 3 bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Danapur, in Danapur P.S. Case no. 213 of 2011, 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 two years or till disposal of the case, whichever is earlier. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation or fails for paying installment the privilege granted shall be deemed to be canceled. AAhmad ( Akhilesh Chandra, J.)