IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31728 of 2011 Md. Sultan, Son of Md. Idris, resident of Usas, Dewara Chakpar, P.S. Konch, District Gaya. -------Petitioner Versus 1.The State Of Bihar 2.Afsana Perween, D/o Md. Israil, R/o Usas Dewra Chak Per, P.S. Konch, District Gaya. -----Opposite Parties ----------------- 03/- 15/11/2011 Learned counsel for the petitioner is permitted to implead the complainant as opposite party no. 2, who voluntarily appeared through a counsel on earlier date. Hence, there is no need to issue fresh notice. Supplementary affidavit has been filed on behalf of the petitioner. Heard Mr. Surendra Kumar Singh learned counsel for the petitioner, Mr. Rasid Izhar learned counsel for the complainant- opposite party no. 2 and Mr. C. Jawahar learned Additional Public Prosecutor for the State. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 498(A), 379, 504, 323 of the Indian Penal Code, is one of the named accused in this complaint case being husband of the complainant with allegation of demand of dowry, torture etc. Submission is that the couple intends to resume and continue the matrimonial relationship with each other, ignoring the inadvertent aversion made in paragraph – 8 of the application about the option taken by the complainant to marry with Md. Jamal, the younger brother of the petitioner. Further, all the disputes between the couple and their respective families are also resolved. In view of the above, in the event of petitioner filing an application before the court below stating such intention/parties files joint petition of compromise, in the event of his arrest/surrender 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 Gaya, in connection with Complaint Case No. 1224 of 2010, Trial No. 1323 of 2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to attend the court regularly till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Further, additional condition, in the event of filing individual petition on behalf of the petitioner or joint petition of compromise by the parties, stating such intention, the court below on receipt of positive response from the complainant-opposite party no. 2 permit the couple to reside at their place of choice on the condition to report personally to the court below on the dates fixed for the purpose and only after being satisfied of their conduct for a reasonable period and on resolution of the disputes, the court below shall pass appropriate order in accordance with law. Praveen/- ( Akhilesh Chandra, J.)