IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33884 of 2011 ====================================================== Md. Ishtayak @ Md. Ishtayaqe, S/O Md.Nezamuddin, R/O Vill Tulachak Post Patluka, P.S.- Barachatty, District- Gaya .... .... Petitioner Versus 1. The State of Bihar 2. Sabila Khatoon, D/O Md.Salim ,W/O Md.Ishtayaqe, Vill Laxmipur, PS Belaganj, Distirct- Gay .... .... Opposite Parties ====================================================== 2 25-10-2011 Learned counsel for the petitioner is permitted to correct the name of court in para 1 and prayer portion of the application during course of the day. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Complaint Case No. 90 of 2010 for the offences punishable under Section 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act, pending in the Court of the learned Sub- Divisional Judicial Officer, Gaya, is named accused in this complaint case being husband of the complainant with allegation of demand of dowry, torture etc. Submission is that every dispute has been resolved and the complainant/opposite party no. 2 has already been residing with the petitioner at his house as is evident from order dated 24.08.2011 passed by the learned Sessions Judge in A.B.P. No. 1127 of 2011. Considering the above in the event of filing of joint compromise petition, in the event of his arrest/surrender before the court below 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 Sub-Divisional Judicial Magistrate, Gaya, in connection with Complaint Case No. 90 of 2010, 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 on each and every till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Simultaneously, the trial court shall examine the conduct of the parties for a reasonable period, on the dates fixed for the purpose, they shall appear personally and the Court being satisfied of their conduct shall pass appropriate order in accordance with law. Bhardwaj/- (Akhilesh Chandra, J)