Full Judgment
23. 01-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is named accused in this complaint case, being husband of the complainant, carrying allegation of demand of dowry, torture etc. Submission is that the petitioner intends to resume and continue marital life with the complainant who is one and only wife of the petitioner and one Matrimonial Suit no.130 of 2010 has already been filed by the petitioner under Section 9 of the Hindu Marriage Act and since there is no order as yet on the point of maintenance, offers to pay Rs.500/- per month by way of interim maintenance to the complainant subject to any order of the competent court on the point. Considering the facts and circumstances, in the 2 event of filing a duly verified application supported with personal affidavit before the court below stating such intention and start making payment, the petitioner, in the event of arrest or surrender within four weeks from today, 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 the Subdivisional Judicial Magistrate, Gaya, in Compliant Case no. 801 of 2010, 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 dates till disposal of the case, In case of failure to remain present on two consecutive dates without reasonable explanation or any default in payment, the privilege granted shall be deemed to be cancelled. (Akhilesh Chandra, J) Aftab Ahmad/-