IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14930 of 2010 SHANKAR KUMAR @ PREM SHANKAR PRASAD @ PREM SHANKAR KUMAR, Son of Rajendra Prasad, R/O Village Hemja, P.S. Panch Mahala, District patna. ………Petitioner Versus 1.THE STATE OF BIHAR 2.LAXMINI DEVI, Wife of Shankar Kumar @ Prem Shankar Prasad @ Prem Shankar Kumar, Daughter of Gore Lal Prasad, R/O Village +P.S. Rahui, District Nalanda. ……….Opposite parties 04/- 28-10-2010 Heard learned counsel for the petitioner, Additional Public Prosecutor for the State and learned counsel for the opposite party no. 2. Counter affidavit has been filed on behalf of the opposite party no. 2. Petitioner is named accused in this case being husband of the complainant. The parties intends to resume and continue their marital life and as directed earlier application under Section 9 of the Hindu Marriage Act has also been filed before Principal Judge, Family Court, Nalanda bearing Matrimonial Case No. 165 of 2010 and there was another case before same Court under Section 125 of the Code of Criminal Procedure, where in a sum of Rs. 3,000/- per month has been awarded by way of maintenance. Considering the facts and circumstances of the case and the intention expressed by the parties, on the event of filing a petition of compromise, affixing the pair photographs of the couple, the courts concerned i.e. court below as well as family court, Nalanda shall permit them to resume the matrimonial life and shall have regular - 2 - watch over their conduct for a reasonable period and thereafter shall pass appropriate order on being satisfied and in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Shankar Kumar @ Prem Shankar Prasad @ Prem Shankar Kumar, is directed to be released 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 Sub- Divisional Judicial Magistrate, Bihar Sharif at Nalanda in connection with Complaint Case No. 1366(C) of 2008, subject to condition laid down under Section 438 (2) of the Criminal Procedure Code with additional condition to remain physically present before the court below or till disposal of the case, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Let a copy of this order be communicated to the Principal Judge, Family Court, Nalanda for needful in connection with Matrimonial Case No. 165 of 2010 as well as court below through FAX at the cost of the petitioner. Praveen (Akhilesh Chandra, J.)