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Heard Sri Ashok Kumar Singh, learned counsel for the petitioner, Sri Vindhyachal Singh, learned counsel for the informant and Sri Humayou Ahmad Khan, learned Additional Public Prosecutor for the State.

The petitioner, in the present case, is seeking regular bail in connection with Bikramganj P.S. Case No. 30 of 2009 under Section 498(A), 302, 201/34 of the Indian Penal Code, pending before learned Judicial Magistrate, 1st Class, Bikramganj, Rohtas.

The learned counsel for the informant submits that because of security concern she is not willing to go there. The petitioner was granted provisional bail vide order dated 16.05.2017 for two months and thereafter he has approached the victim lady through her counsel and both were present yesterday in course of hearing.

The petitioner, in presence of the learned counsel for the parties, offers to make a fixed deposit of Rs. 5,00,000/- (Rupees Five Lacs only) in the joint name of the victim lady and her brother namely, Santosh Kumar in a nationalized bank at Bikramganj within a period of 1½ month from today. He further submits that the victim lady shall be getting an interest at least Rs. 2500/- per month from such fixed deposit and, at the same time, the amount will also be a security for her future purposes. In presence of his learned counsel he has submitted that he has other responsibilities also towards his family and there is no other income save and except the agricultural income. Presently, this offer is being made, subject to the remedy which the victim lady may have for getting her maintenance, in accordance with law. This being the offer, learned counsel for the informant/victim lady in presence of Sri Santosh Kumar accepts the offer. However the learned counsel submits that the petitioner should undertake to take care of the victim lady in case of medical necessities. This submission of learned counsel for the informant is acceptable to the petitioner.

In view of this undertaking, the petitioner shall deposit the aforesaid amount within a period of 1½ month in the joint name, as stated above, in a nationalized bank at Bikramganj, Rohtas and shall handover the fixed deposit certificate to the victim lady who is his wife, as agreed between the parties, the parties shall appear for opening of the bank account positively on 15th September, 2017, when the petitioner shall come ready to do the needful. Any default or breach of promise on the part of the petitioner shall lead to cancellation of his bail bond. The privilege of bail is subject to the conditions under Section 437(3) of the Code of Criminal Procedure.