IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35710 of 2010 RAJENDRA GIRI & ORS Versus STATE OF BIHAR & ANR ----------- 2 18.11.2010 Heard learned counsel for the petitioners and learned counsel for the State. Petitioner no.1 is father-in-law, petitioner no.2 is mother-in-law, petitioner no.3 is husband and petitioner no.4 is brother-in-law of the complainant. It appears from the contents of complaint petition that the marriage of complainant was solemnized in the year 2006, but allegedly she was subjected to cruelty and torture by her husband and other in-laws on account of non- fulfillment of illegal demand. The contention of learned counsel for the petitioners is that much prior to filing of the above stated complaint case the petitioner no.3 had already filed divorce case on the ground of adultery against the complainant and getting the knowledge of aforesaid divorce case, the complainant has filed the instant complaint case. The perusal of the record shows that when the anticipatory bail petition of petitioners was moved before the learned Sessions Judge, an attempt of reconciliation was taken up by him and in that course petitioners became agree 2 to keep the complainant with full honour and dignity, and thereafter, learned Sessions Judge directed the petitioners to surrender before the learned court below and furthermore, a direction was given to the learned court below to patch up the dispute of the parties by taking recourse of reconciliation. It appears that petitioners did not surrender before the court below and came directly before this Court. In the aforesaid circumstance, petitioner no.1 Rajendra Giri, petitioner no.2 Panna Devi and petitioner no.4 Pinku Giri, in the event of their arrest / surrender within 30 days from the date of communication of this order in connection with Complaint Case No.1321 of 2008, shall be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Gaya, subject to conditions as laid down under Section 438(2) of the Cr.P.C. So far as, petitioner no.3, Vikash Giri, is concerned, admittedly, he is husband of the complainant and as per observation of learned Sessions Judge, he was ready to keep the complainant, so petitioner no.3, Vikash Giri, is directed to surrender before the learned court below within 30 days from the date of communication of this order to the concerned court and if the petitioner no.3 so surrenders before the learned court below, the learned court below shall 3 release the petitioner no.3 on provisional bail for the period of two months and shall also issue a notice to the complainant as well as petitioner no.3 fixing a date of reconciliation. The learned court below shall take all possible steps to patch up the dispute of the parties and if learned court below fails in his attempt, the provisional bail of the petitioner no.3 shall not be extended for further period. It is needless to say that if learned court below succeeds in his attempt, the provisional bail granted to the petitioner no.3 shall be confirmed by the learned court below itself. PN/- ( Hemant Kumar Srivastava,J.)