IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21632 of 2009 MD.ILYAS Versus STATE OF BIHAR ----------- 3 12.08.2009 Heard both sides. The petitioner seeks bail in a complaint case instituted under Sections 498A and 323 of Indian Penal Code. It appears that earlier he was granted privilege of bail by this court on the condition that he will make sincere efforts to settle the issue. The settlement between the parties could not be arrived at. Bail bonds of the petitioner were, therefore, cancelled on 15.12.2008. Petitioner thereafter surrendered on 2.01.2009 and since then he is in custody. It appears from the record that the complainant (wife) has also filed an application in the court of Principal Judge, Family Court, Katihar under Section 125 of Cr.P.C. which is pending. Learned counsel volunteers to deposit a sum of Rs. 2,000/- in the said court as litigation cost subject to final order that may be passed by the learned Principal Judge, Family Court, Katihar. In the facts and circumstances of the case, let petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri V. Sinha, Judicial Magistrate, 1st Class, Katihar in connection with C.A. No. 2141 of 2005 subject to the condition that the petitioner must produce 2 receipt of deposit of a sum of Rs. 2,000/- (two thousand) in the manner noted above. The complainant shall be at liberty to withdraw the said amount subject to her rights/claims to be determined in the said proceeding. pkj ( Kishore K. Mandal, J. )