1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42790 of 2010 Gautam Chauhan @ Kans Chauhan S/o Mithilesh Chauhan R/o Village- Tetaria ( (Beldaria), P.S. Muffasil, Distrtict- Nawadah. --Petitioner Versus 1. The State Of Bihar 2. Smt. Kalawati Devi, Wife of Gautam Chauhan @ Kans Chauhan, R/o Village- Tetaria, P.S. Muffasil, District- Nawadah, D/o Sri Rameshwar Chauhaan, R/o Village- Sabhari Tola, Charana Chatar, P.S. Naradiganj, District-Nawadah. –Opp.Party 5 08.12.2011 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant. Petitioner is one of the named accused in this complaint case, being husband of the complainant with allegation of demand of dowry, torture etc. Submission is that under some compelling circumstances petitioner had to pay some amount to the complainant for maintenance which is subjudice before Principal Judge, Family Court, Nawadah in Misc. Case no.71 of 2009 passed under Section 9 of the Hindu Marriage Act. However, he intends to initiate appropriate 2 proceedings for dissolution of marriage etc. before competent court. While objecting the prayer it is submitted that complainant opposite party no.2 is ready and willing to rejoin company of the petitioner but for the present it is not acceptable to the petitioner who further offers to pay a sum of Rs.500/- (Rupees five hundred) per month by way of interim maintenance to the complainant opposite party no.2 subject to any further order of the competent court on the point. Considering the facts and circumstances, in the event of filing an application before the court below stating such intention and begin with the payment, the petitioner, in the event of arrest or surrender within four weeks, is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Subdivisional Judicial Magistrate, Nawadah, in Complaint Case no. 706 of 2009, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with 3 additional condition that petitioner shall remain present before the court below till disposal of the cases in both the courts, that is, the court below as well as in the court of Principal Judge, Family court, Nawadah, in Misc. Case no.71 of 2009. In case of failure to remain present on two consecutive dates without reasonable explanation, the privilege granted shall be deemed to be cancelled. AAhmad ( Akhilesh Chandra, J.)