IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29055 of 2011 Pritam Saxsena @ Rajesh Kumar @ Preetam Saksena, Son of Sukdeo Mahto, resident of Village Maharna, P.S. Dharhara, District Munger. -------Petitioner Versus The State Of Bihar -----Opposite Party ----------------- 03/- 27/09/2011 Supplementary affidavit has been filed on behalf of the petitioner. Heard learned counsel for the petitioner, learned counsel for the complainant and learned Additional Public Prosecutor for the State. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 498A, 423, 504 of the Indian Penal Code and ¾ of the Dowry Prohibition Act, is one of the named accused in this case, said to have been husband of the complainant with allegation of demand of dowry, torture etc. Submission is that petitioner is not the husband of the complainant, but under some compelling circumstances he had been ordered to pay a sum of Rs. 1300/- per month to the complainant by way of interim maintenance as well as other cost of the litigation by the Principal Judge, Family Court, Munger in Matrimonial Case No. 96 of 2009 filed by petitioner getting the alleged relationship with the complainant as void. Further, submission is that petitioner is continuing making payment and there is no arrear which is objected. However, an offer is being made to pay all the entire arrears, if any, subject to any order of the competent court on the point. Considering the facts and circumstances of the case, on the event of filing an application before the court below, clearly stating such intention as stated above and payment of entire arrear, if any, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Lakhisarai, in connection with Complaint Case No. 615C of 2008, 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, as ordered earlier, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)