IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33624 of 2010 VINAY KUMAR SINGH @ VINAY SHARMA Versus STATE OF BIHAR ----------- 02/ 11.10.2010 Heard Mr. Pushkar Narain Shahi, learned counsel appearing on behalf of the petitioner, Mr. Hansraj, learned counsel appearing on behalf of the complainant and learned counsel appearing on behalf of the State. The petitioner apprehends his arrest in connection with Complaint Case No. 1019 of 2009 (Tr. No. 1808 of 2010) for offence punishable under Sections 494 and 498A of the Indian Penal Code and Sections ¾ of the Dowry Prohibition Act. Learned counsel for the petitioner submits that whereas the charge against the petitioner insofar as Section 494 is concerned, is bailable, the charge insofar as Section 498A and Sections ¾ of the Dowry Prohibition Act is concerned, the same by itself would appear ill founded for the reason that the marriage of this petitioner took place as back as in the year 1986. He further submits that the second marriage allegedly happening in the year 1994, it has taken almost 15 years for the complainant to file the instant Complaint case. Learned counsel further submits that without prejudice to the merit of the case and the rights and contentions of the parties which would be considered and decided on its own merit by the Court in seisin of the matter, the petitioner undertakes to pay an ad-interim sum of 2 Rs. 1,500/- (one thousand five hundred) only to the complainant during the pendency of the matter and which would be subject to the final outcome of the Maintenance case that has been filed on behalf of the complainant. Learned counsel for the complainant while accepting the offer aforesaid, reiterates the willingness of the complainant to live with the petitioner. Taking into consideration the circumstances and the rival submission of learned counsel, let the petitioner Vinay Kumar Singh @ Vinay Sharma, in the event of his arrest/surrender within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sub- Divisional Judicial Magistrate, Nawada in connection with Complaint Case No. 1019 of 2009/Tr. No. 1808 of 2010, subject to the conditions set out in Section 438(2) of the Code of Criminal Procedure. The petitioner in tune with his undertaking given before this Court would pay a sum of Rs. 1,500/- (one thousand five hundred) only to the complainant each month, starting from 1.11.2010 during the pendency of the present case and the Maintenance case filed on behalf of the complainant, which amount and payment shall be subject to the final determination of the issue in the Maintenance case by the family court. 3 The petitioner undertakes to remit the said amount of Rs. 1,500/- (one thousand and five hundred) only each month by account payee cheque drawn in favour of the complainant by depositing the same before the court below on or before the 7th of each month for its being handed over to the complainant through her lawyer. However, if the petitioner defaults in the payment of the same for two consecutive months without reasonable explanation to the satisfaction of the court below, the complainant would be at liberty to move for cancellation of bail of the petitioner on grounds of misuse. S.Sb/- (Jyoti Saran, J.)