IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.886 of 2011 REYAZ HUSSAIN @ REYAZ AHMAD son of Karimullah Mian resident of village-Ahiyapur, Police Station-Shahebganj, District-Muzaffarpur… `….Petitioner Versus 1. THE STATE OF BIHAR, 2. Jaitun Khatoon, W/o Reyaz Hussain, resident of Vill-Jita Chapra, P.S. Sahebganj, Dist. Muzzaffarpur…. ….Opposite Party No.2 ----------- For the Petitioner : Mr. Sajid Salim Khan, Advocate For the Opposite Party No.2 : Mr. Hari Kishore Thakur, Advocate ……………. 8 04.05.2011 Learned counsel for the petitioner files supplementary affidavit. Let it be kept on record. Heard learned counsel for the petitioner and opposite party No.2. Petitioner has been granted provisional anticipatory bail vide order dated 13.01.2011. It has been contended on behalf of the petitioner that he had already been granted decree of divorce by the Civil Court, Gurgaon. The copies of the order and decree have been brought on record as Annexure-4 to the supplementary affidavit. However, learned counsel for the opposite party No.2 submits that the aforesaid proceeding was ex parte and no amount of permanent maintenance/alimony has been fixed by the court concerned 2 while passing such order or granting such decree. The petitioner, in the supplementary affidavit filed today, has taken a stand that he is ready to pay Rs. 21,786/- which is the mehar amount and that apart he is also willing to pay Rs. 10,000/- to the opposite party No.2. Apart from that, it has also been undertaken that petitioner is ready to pay Rs.2,000/- per month as maintenance to the opposite party No.2 and he is also willing to return all the articles which were given to him at the time of marriage. In above view of the matter, the provisional anticipatory bail earlier granted to the petitioner vide order dated 13.01.2011 is hereby made absolute subject to the condition that the petitioner will deposit Rs.21,786/- and Rs.10,000/- and thereafter Rs.2000/- in the first week of every succeeding month commencing from June 2011 before the court below. The Opposite Party No.2 would be at liberty to withdraw the aforesaid amount. The petitioner will be abided by the undertaking given by him in the supplementary affidavit filed today and would deposit the aforesaid amount of Rs.21,786/- and Rs.10,000/- also in the first week of June,2011. It is submitted that if the aforesaid amount is not 3 deposited by the petitioner within the fixed period as per his undertaking and the manner in which he is required to deposit, the court concerned would be at liberty to take steps for cancellation of his bail bonds. It is also made clear that this arrangement will be only till any order is passed by any court of competent jurisdiction with regard to the issue of maintenance in favour of the opposite party No.2. At the time of deciding such issue, the Court concerned will consider the matter and pass the order on its own merit in accordance with law without being prejudiced by the present order. Sanjay-II ( Dr. Ravi Ranjan, J)