IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28233 of 2011 Prem Kumar, son of Ramchandra Singh, resident of village – Khanpur @ Baidhnathpur, P.S. – Ahiyapur, District – Muzaffarpur. ------- Petitioner. Versus 1. The State of Bihar 2. Hriday Narain Bhagat, son of Late Radhey Bhagat, resident of village – Bhagwanpur Dadhia, P.S. – Bochahan, District – Muzaffarpur. 3. Lalita Devi, D/o – Hriday Narain Bhagat, resident of village – Bhagwanpur Dadhia, P.S. – Bochahan, District – Muzaffarpur. -------- Opposite Parties. ******* 03. 19.12.2011 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Complaint Case No. 2869/2008, Tr. No. 2439/2009 for offences under Sections 498A of the Indian Penal Code and 4 of Dowry Prohibition Act, is named accused in this complaint case being husband of daughter of the complainant with allegation of demand of dowry, torture etc. in spite of being blessed with three children (two female and one male child). Submission on behalf of the petitioner is that the he intends to resume and continue matrimonial relationship with his wife opposite party no. 3, and earlier prayer under Section 9 of the Hindu Marriage Act made by the petitioner had also been disposed of in matrimonial case no. 17/2009, on the basis of compromise, but subsequently some differences cropped up. Now, it is resolved. There is positive response on behalf of the opposite parties no. 2 and 3 i.e. complainant and wife of the petitioner. In view of the above, in the event of filing joint application of compromise or individual petition on behalf of the petitioner stating all such intention on or before 17th January 2012, in the event of his arrest or surrender on or before 17th January 2012, let the above- named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, (East) Muzaffarpur, in connection with Complaint Case No. 2869/2008, Tr. No. 2439/2009, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Further additional condition is that in the event of filing of joint application or in case of individual petition but only on receipt of positive response from the informant court below will permit the couple to go and reside at their place of choice and to report personally on the dates fixed for the purpose only on being satisfied with their conduct any reasonable order in accordance with law may be passed. Rajeev/- ( Akhilesh Chandra, J.)