Full Judgment
13. 01.2012 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. Petitioner is one of the named accused in this case, being husband of the informant with allegation of demand of dowry, torture etc. Submission is that under compelling circumstances petitioner had to file a case bearing Matrimonial Case no. 219 of 2007 and obtained ex-parte decree of divorce against which till date no step has been taken by the opposite party no.2 and, undisputedly, after such decree of divorce petitioner has another wife. However, since there is no order passed on the point of maintenance to the complainant and only child born out of wed lock, petitioner intends to pay a sum of Rs.800/- per month by way of interim maintenance 2 to the complainant and only female child subject to any other order of competent court. Considering the facts and circumstances, in the event of filing, duly verified and supported with personal affidavit, application 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, Jamui, in Khaira P.S. Case no. 61 of 2008, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present before the court below on each and every date till disposal of the case. In the event of failure to attend the court on four consecutive dates default in any single payment without any reasonable explanation, the privilege granted shall be deemed to be cancelled. ( Akhilesh Chandra, J.) AAhmad 3