Full Judgment
23. 01-2012 Heard learned counsel for the petitioner, learned counsel for the informant-opposite party no. 2 and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under Sections 498(A) of the Indian Penal Code and 3/4 of the Dowry Prohibition Act, is one of the named accused in this case being husband of the informant-opposite party no. 2 with allegations of demand of dowry, torture etc. Submission is that petitioner intends to resume and continue the matrimonial relationship with the informant-opposite party no. 2, who is his one and only 2 Patna High Court Cr.Misc. No.42207 of 2010 (5) dt.23-01-2012 2/3 wife and also filed Matrimonial Case No. 67 of 2009 before Principal Judge, Family Court, Buxar for restitution of conjugal rights. However to further, strengthen his intention an offer is being made to pay a sum of Rs. 1,500/- (one thousand five hundred only) per month to the informant-opposite party no. 2 by way of interim maintenance, subject to any order on the point by the competent Court. Considering the facts and circumstances of the case, in the event of filing duly verified petition supported with personal affidavit before the court below, clearly stating all such intentions as stated above and begin with the payment, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar, in connection with Rajpur P.S. Case No. 43 of 2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on four 3 Patna High Court Cr.Misc. No.42207 of 2010 (5) dt.23-01-2012 3/3 consecutive dates without giving any reasonable explanation or even on single default in payment, the liberty granted shall be deemed to be cancelled. (Akhilesh Chandra, J.) Praveen-II/-