IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43069 of 2010 RAJIV RANJAN SINHA @ BHOLA, Son of Ram Swaroop Prasad, Resident of Village-Karoo Bigha, Police Station- Nimchak Bathani, District-Gaya at present residing at Mohalla-Kamruddinganj, Biharsharif, P.S.-Laheri, District- Nalanda at Biharsharif. ……Petitioner Versus 1. THE STATE OF BIHAR. 2. Babita Kumari, wife of Rajiv Ranjan Sinha @ Bhola and daughter of Subhash Prasad, Resident of Village-Karoo Bigha, Police Station-Nimchak Bathani, District-Gaya at present residing at Mohalla-Kamruddinganj, Biharsharif, P.S.-Laheri, District-Nalanda at Biharsharif. ….Opp. Parties ----------- 5/ 30.03.2011 Heard the parties. In compliance of order dated 09.02.2011, the petitioner as also opposite party no. 2 are physically present in the Court and have been duly identified by their respective counsels. A joint affidavit, duly sworn by the petitioner, as also opposite party no. 2, has also been filed today in the Court, wherein terms and conditions of the compromise for restoration of matrimonial relationship between the petitioner and opposite party no. 2 have been laid down. The petitioner had earlier moved before this Court for grant of anticipatory bail in a criminal 2 prosecution for offences under Sections 498A and 323 of the Indian Penal Code, as also under Section 4 of the Dowry Prohibition Act and that was disposed of by an order dated 30.04.2010 passed in Cr. Misc. No. 11575 of 2010 (Annexure1), whereby the petitioner was granted provisional bail for a period of two months and during that period, the petitioner was required to enter into a compromise with his wife (O.P. No. 2), whereafter provisional bail was required to be confirmed. However, it was also stipulated in that order that If the petitioner does not enter into a compromise in that case, then the petitioner will be obliged to surrender in the court below and seek regular bail. From the pleadings in the petition, it appears that despite endeavour made by the petitioner, compromise could not be arrived at with opposite party no.2. Hence the present petition for grant of anticipatory bail has been filed afresh. In response to the notice, opposite party no. 2 has entered appearance and she is 3 physically present in the Court today, as recorded above. Fortunately, now both sides have entered into a compromise. A joint compromise petition has been filed today in the Court stating therein that they have decided to restore their matrimonial relationship and the petitioner is prepared to keep the opposite party no. 2 as his duly wedded wife. Fortunately, opposite party no.2 has also agreed to live with the petitioner as his wife. In the facts and circumstances set forth above and in view of the fact that the parties have entered into a compromise, the present petition is disposed of with following directions: (a) In the event of his arrest or surrender, the petitioner shall be enlarged on provisional bail for a period of six months in connection with Complaint Case No. 1487 (C) of 2008 to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each, subject to conditions laid down under 4 section 438 (2) Cr.P.C. (b) The petitioner shall go to the paternal house of the opposite party no. 2 on 2nd April 2011 and they shall come back together at the house of the petitioner on the same day. Thereafter, they shall live together as wife and husband. (c) If during the period of provisional bail, good relationship continues between petitioner and opposite party no. 2, then in that case learned Magistrate shall be obliged to confirm the provisional bail granted to the petitioner. (d) If during the aforesaid period of provisional bail, there is break down of the relationship between the parties, then in that case learned Magistrate shall take all possible measures to get the petitioner arrested, after cancelling his bail. Anjani/ ( Birendra Prasad Verma, J.)