IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35651 of 2010 RAM SHARAN DAS & ORS Versus STATE OF BIHAR & ANR ----------- 02 16.11.2010 Heard learned counsel for the petitioners as well as for the State. Admittedly, Petitioner no.1 is husband, petitioner no.2 is father-in-law and petitioner no.3 is mother-in-law of the complainant whose marriage has taken place with petitioner no.1 two and half years before filing of the complaint case. It is apparent from the recital of the complaint petition that a child was born out of the aforesaid wedlock. Further, it appears that some disputes arose between the parties and subsequently, the complainant filed this case. No specific allegation of any overt-act has been attributed against petitioners rather omnibus allegation of torture as well as demand of dowry has been made. In the aforesaid circumstances as well as submissions of the parties, in the event of their arrest or surrender within thirty days from the date of communication of this order, petitioners no.2 and 3, namely, Guno Das and Sita Devi, shall be released on bail in connection with Complaint Case No. 896 of 2009 on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri A. K.Gond, Judicial Magistrate, Ist Class, Rosera, Samastipur subject to condition as laid down under Section 438(2) of the Cr.P.C. So far as petitioner no.1, Ram Sharan Das, is 2 concerned, being husband of the complainant, he is more responsible than other petitioners to maintain married life. It further appears that the learned Sessions Judge did not take any pain to patch up dispute of the parties. In the aforesaid circumstances, petitioner no.1, Ram Sharan Das, in the event of his arrest or surrender within thirty days from the date of communication of this order, shall be released on bail provisionally in connection with Complaint Case No. 896 of 2009 on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri A. K.Gond, Judicial Magistrate, Ist Class, Rosera, Samastipur subject to condition as laid down under Section 438(2) of the Cr.P.C. If petitioner no.1 so surrenders before the learned court below within the above stated period, the learned court below shall issue notice to the complainant as well as petitioner no.1 fixing a date for reconciliation and the leaned court below shall take all possible steps to patch up the dispute of the parties. It is made clear that if the aforesaid effort of the learned court below is failed on account of non-cooperative approach of the petitioner, the learned court below shall not confirm the provisional bail of the petitioner and if the learned court below succeeds in its effort then, in that course, the learned Magistrate shall confirm the provisional bail granted to petitioner no.1.It is also made clear that the aforesaid effort must be completed within three months from the date of surrender of petitioner no.1 before the learned court below. Shahid ( Hemant Kumar Srivastava, J.)