IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42809 of 2009 BALISTER SAHANI SON OF LATE DAROGA SAHANI Versus 1. THE STATE OF BIHAR 2. SUNITA DEVI W/O BALISTER SAHANI ----------- 4. 14.7.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 498A of the Indian Penal Code and ¾ of the Dowry Prohibition Act. It has been submitted that the petitioner is in custody since 4.5.2009 and he is not able to pay the maintenance amount of Rs.1000/- as directed by the trial court in February, 2010 since he is in jail and shall deposit the same as soon as he is released from jail custody. In view of such, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Sadar at Motihari in Complaint case No.C- 434 of 2004 Trial No.2247 of 2009, subject to the condition that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner. Initially the petitioner will be granted provisional bail for a period of two months, in which period the petitioner shall deposit the due amount as per the order passed in the maintenance case filed by the complainant - 2 - in the court ordering the same and file a certificate in this regard before the court below. Once the petitioner has deposited the entire amount, the petitioner’s provisional bail shall be confirmed. Thereafter the petitioner every month shall deposit Rs.1000/- per month as per the maintenance order in the court which has ordered the same till such time it is modified and file a certificate in this regard before the S.D.J.M., Sadar at Motihari by the 15th of every month. In case he fails to do so on two consecutive dates his bail bond shall be liable to be cancelled for reasons of misuse of bail. Narendra/ ( Anjana Prakash, J. )