- (1.) THE petitioner is in custody in connection with a case registered under Section 498A of the Indian Penal Code. Petitioner is the husband.
(2.) IT has been submitted by the learned counsel appearing for the petitioner that the petitioner wants to restore the happy married life with the petitioner with assurance to keep her with all convenience and honour if the complainant so desires to live with him and in the meanwhile the petitioner will pay Rs. 5,000/ - per month by way of subsistence in case she prefers to live elsewhere. It has been submitted that the petitioner is the sole earning member and if he is not released on bail it is not possible for him to maintain his family members and pay the said sum for subsistence to the petitioner. Considering the facts and circumstances of the case, petitioner, namely, Sarfaraj Alam is directed to be released on bail on furnishing bail bond of Rs. 20,000/ - (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Rajmahal in connection with P.C.A. Case No. 188 of 2004 subject to the condition that on the date of furnishing the bail bond, the petitioner shall deposit a sum of Rs, 5,000/ - towards the payment for subsistence to the complainant for the month of August, 2005 and thereafter he shall go on paying the said sum of Rs. 5,000/ - in advance by 7th of each month. The complainant shall be entitled to withdraw the said amount from the Court below. It is made clear that on failure to comply with the condition by the petitioner, this order shall be automatically vacated and the petitioner shall be taken into custody. It is further made clear that the amount of subsistence is over and above any other amount legally payable to the complainant.;