IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32375 of 2010 MANOJ CHAUDHARY S/O SHANKAR CHAUDHARY R/O VILLAGE MILKI HARPUR, P.S. MINAPUR, DISTRICT- MUZAFFARPUR. --PETITIONER Versus 1. TH STATE OF BIHAR 2. REKHA DEVI, WIFE OF MANOJ CHAUDHARY, DAUGHTER OF BIPAT CHAUDHARY, R/O VILLAGE- MARWAN, P.S. KARZA, DISTRICT-MUZAFFARPUR. --OPP.PARTY 2 07.09.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is named accused in this case (Complaint Case no. 416 of 2009 ) pending in the Court of Subdivisional Judicial Magistrate (West), Muzaffarpur, being husband of the complainant opposite party no.2, against whom petitioner leveling some allegations had already filed earlier Complaint Case no.47 of 2009. However, it is submitted that petitioner intends to resume the marital life with the complainant with all due dignity and honour. If it is so and petitioner files an application before Principal Judge, Family Court, Muzaffarpur, under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights with clear cut intention and offer to pay a sum of Rs.1,000/- (Rupees 2 one thousand) subject to final order of the court on the settlement of the said issue and in the event of appearance / surrender with proof of such filing with an undertaking to pay the amount so ordered and start paying, the petitioner, in the event of his arrest or surrender within four weeks from today, is directed to be enlarged on bail on his furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, (West) Muzaffarpur, in Complaint Case no. 416 of 2009 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, with additional condition that the petitioner shall be present before the court below on each and every for two years or disposal of the case, whichever is earlier. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation or even a single default in payment the privilege granted shall be deemed to be cancelled. (Akhilesh Chandra, J.) AAhmad