IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11065 of 2010 LALO BHAGAT @ LALOO BHAGAT, Son of Chandeshari Bhagat, resident of village Rampur, P.S. Sour Bazar, District Saharsa …… Petitioner Versus 1. THE STATE OF BIHAR 2. Savitri Devi, D/o late Thither Bhagat , wife of Lalo Bhagat, resident of village Kanu Tola, Bakhtiarpur, P.s. Bakhtiarpur, District Saharsa ….. Opposite Parties ----------- For the petitioner : Mr. Ashok Kumar Mishra, Advocate For the Opp. No. 2 : Mr. Amarnath Jha, Advocate ------ 8 28.10.2010 Learned counsel for the petitioner files supplementary affidavit. Let it be kept on record. Heard learned counsel for the petitioner and learned counsel for the opposite party no. 2 . Learned counsel for the petitioner submitted that the petitioner had gone to his in- laws’ house to bring his wife and children and remained there for about 22 days but the in-laws did not allow her to go with him. Learned, learned counsel for opposite party no. 2 submitted that she had gone with the petitioner to her matrimonial house but he was never intended to keep her along with him and subsequently again she was forced to leave the same. Thus, learned counsel for the 2 opposite party no. 2 submits that in the given situation, it is very difficult for opposite party no. 2 to live with the petitioner. Thus, now she had decided to live separately. A supplementary affidavit has been filed today on behalf of the petitioner stating therein that since the wife is not ready to live with him he is ready to pay Rs. 1500/- (Rupees fifteen hundred only) per month to opposite party no. 2 for maintaining his wife and children. It is also submitted that the petitioner has already remained in custody for about 5 months. In above view of the matter, provisional bail granted by this Court to the petitioner vide order dated 15.4.2010 is hereby made absolute with the condition, that as per his undertaking, the petitioner shall regularly pay Rs. 1500/- per month to the opposite party no. 2 till any decision regarding maintenance etc. is taken by any court of competent jurisdiction. Petitioner will deposit the amount in the first week of every subsequent month in the preceding month, i.e., for the month of 3 November, 2010 the amount will have to be deposited in the first week of December, 2010 before the court below. The opposite party no. 2 will have liberty to withdraw the amount. If the petitioner fails to comply with this order in that event the concerned court would be at liberty to take steps for cancellation of bail. It is also made clear that this arrangement of maintenance is only till any decision taken by any court of competent jurisdiction in this regard. This application, accordingly, stands disposed of. Spd/- (Dr. Ravi Ranjan, J.)