IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2361 of 2010 RAM NARAYAN SINGH @ NARAYAN SINGH, Son of Shobhi Singh, Resident of village Chhotaka Kir, P.S. Sonhan, District Kaimur (Bhabua) Versus 1. THE STATE OF BIHAR 2. Smt. Ramawati Devi, wife of Ram Narayan Singh @ Narayan Singh, Daughter of Bhuwar Singh, at present resident of village Chhatani, P.S. Kargahar, District Rohtas ----------- 3. 31.3.2010 Heard counsel for the petitioner and the counsel for O.P.No.2. Pursuant to the order of this Court dated 26.2.2010 both the petitioner and O.P.No.2 have appeared in person. Counsel for the petitioner on instruction from the petitioner would submit that the petitioner will have no difficulty in restoring his conjugal relationship with O.P.No.2. On a query made from the petitioner himself by this Court he has also whole heartedly accepted the proposal coming from the counsel for O.P.No.2 to keep O.P.No.2, his wife with all grace and dignity. This Court had also made query from O.P.No.2 who has also conveyed her unconditional acceptance to live together with her husband and the minor four years daughter who is still in the lap of her 2 father, the petitioner. In that view of the matter, since the parties have sought to resolve their dispute amicably this Court would give one opportunity to both of them and accordingly, this Court would direct for release of the petitioner, Ram Narayan Singh @ Narayan Singh, on bail, in case he would surrender within a period of four weeks, on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub- divisional Judicial Magistrate, Kaimur (Bhabua) in Complaint Case No. 963/2009, subject to the conditions as laid down u/s 438(2) Cr.P.C. After such grant of bail to the petitioner the trial court will take up the matter after six months and if the court finds that there was no laches on the part of the petitioner it would drop the criminal proceedings but on the other hand if it is found that such settlement could not work out on account of defiant attitude of the petitioner it will record reasons and thereafter proceed for conducting the trial. 3 At the same time the court will also judge the behaviour of O.P.No.2 and if it is found that she is one who has created problem in working out of the settlement, the court below being satisfied to that extent will stop the criminal proceedings and leave O.P.No.2 to her own fate. O.P.No.2 in whose presence this order has been passed has stated that she is prepared to go to her husband’s place alongwith the petitioner who is present with his minor daughter from here and now itself. That being so, if the intentions of both the parties are so clear this Court only hopes that there would be no reason for any further differences in their conjugal life. With the aforementioned observations, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/