IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30488 of 2009 Rajesh Kumar Raut, son of Prabhu Raut ----- Petitioner. Versus 1. The State of Bihar 2. Shushma Devi, wife of Rajesh Kumar Raut -------Opposite Parties. ******* 19. 12.12.2011 Heard learned counsel for the petitioner, learned counsel for the complainant and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Complaint Case No. 1347/2008 for offences under Sections 498A of the Indian Penal Code and 3/4 of Dowry Prohibition Act, is one of the named accused in this case being husband of the complainant with allegation of demand of dowry, torture etc. Submission is that the couple is residing together and all the disputes between them have been resolved. Further, no counter affidavit was filed in spite of appearance of complainant opposite party no. 2 on notice issued since long. Learned counsel representing opposite party no. 2, in her absence, is not in a position to either accept or refute the submission of residing together. In view of the above, in the event of filing joint application of compromise or individual petition on behalf of the petitioner stating all such facts intention to resume and continue matrimonial relationship, in the event of his arrest or surrender within a period of four weeks, let the above- named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, East, Muzaffarpur, in connection with Complaint Case No. 1347/2008, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Further additional condition is that in the event of filing of joint application or in case of individual petition but only on receipt of positive response from the informant court below will permit the couple to go and reside at their place of choice and to report personally on the dates fixed for the purpose only on being satisfied with their conduct any reasonable order in accordance with law may be passed. Rajeev/- ( Akhilesh Chandra, J.)