IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31092 of 2009 MD.AZAD,son of Md. Mainul Haque,resident of village-Dhiranpatti-Bela,P.S.-Bela, District-Muzaffarpur. Versus 1. THE STATE OF BIHAR 2. Soni Khatoon, D/o Ali Ahamad of Mohalla-Rambhadra,P.S.-Town Hajipur, Dist.-Vaishali. ----------- For the Petitioner :Mr.Surendra Kishore Thakur,Advocate For O.P.No.2 :Mr. Anamul Haque, Advocate. ----------- 07/ 08-04-2010 Heard the parties. In compliance of the dated 29-03-2010 an affidavit jointly signed by the petitioner as also opposite party no.2 has been filed today in the Court. Petitioner and opposite party no.2 are also physically present in the Court and have been duly identified by their respective counsels. As per terms of the aforesaid affidavit, entire dispute between the petitioner and opposite party no.2 has been resolved and they have decided to end their matrimonial relationship subject to one time payment of Rs.45,000/-(rupees forty five thousand) by the petitioner to opposite party no.2 within a period of four months from today. It has also been agreed between the parties that opposite party no.2 shall not make any separate claim for maintenance and all the litigations pending between the parties shall come to end, provided the petitioner makes payment of the aforesaid amount within the stipulated period. In that view of the matter, in the event of arrest/surrender within a period of four weeks from today in Complaint Case No.898 of 2006, the above named petitioner shall be released on bail on 2 furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Sub- Divisional Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure, and subject to further condition that: (a) petitioner shall make payment of Rs.45,000/- within a period of four months from today. Non payment of the aforesaid amount within the time fixed by this Court would be treated to be misuse of privilege of bail and accordingly bail bond of the petitioner shall be cancelled by the learned court below itself after expiry of the period of four months and thereafter petitioner will have to seek regular bail in the court below. It goes without saying that if the amount fixed by this Court is paid by the petitioner to opposite party no.2 and the court below is satisfied about such payment, then in the light of agreed terms and conditions of the compromise petition criminal proceeding shall be decided. AH/ ( Birendra Prasad Verma, J.)