IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS NO.24044 OF 2011 ABHISHEK KUMAR S/O SHRI SURENDRA PRASAD GUPTA, CHOWK BAZAAR, SULEMANGANJ, SASARAM VERSUS 1. THE STATE OF BIHAR & 2. PUNAM DEVI @ PUNAM KUMARI @ SUMAN DEVI, W/O ABHISHEK KUMAR, TAKIA BAZAAR, SASARAM.. ---------------------------------- 2 12.08.2011. The petitioner apprehends his arrest in connection with Sasaram Town Police Station Case No. 464 of 2011 for the offences punishable under section 498A of the Indian Penal Code and section ¾ of the Dowry Prohibition Act, pending in the court of Chief Judicial Magistrate, Rohtas at Sasaram. He is named accused in this case being husband of the informant with allegation of demand of dowry and torture etc. The informant is blessed with one male child who is residing with the petitioner. Submission is that under some compelling circumstances, the petitioner had to file Matrimonial case no. 17 of 2008 under section 9 of the Hindu Marriage Act which decreed exparte on 8.9.2008. Thereafter, he filed matrimonial case no. 155 of 2009 under section 13 of the Hindu Marriage Act seeking dissolution of marriage and decree of divorce on the ground mentioned therein. Further submission is that the informant has already entered into appearance and contesting the case besides filing Maintenance case no. 9 of 2010 under section 125 of the Code of Criminal Procedure, but till date there is no order of interim maintenance etc. The petitioner is a practicing advocate at Sasaram, where all the cases are pending. Considering the facts and circumstances of the case, in the 2 event of filing of an application before the court below making an offer to pay a sum of Rs. 500/- per month by way of interim maintenance to the informant, subject to any order of the competent court on the point, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner 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 the Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram Town Police Station Case No. 464 of 2011, subject to condition laid down under section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier, 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. Shashi. (Akhilesh Chandra,J.)