IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23364 of 2010 DEBANAND CHAUDHARY S/O RAJU CHAUDHARY, R/O VILLAGE SAHMALPUR KAJARA P.S. KAJARA, DISTRICT-LAKHISARAI. --PETITIONER Versus 1. THE STATE OF BIHAR 2. SITA DEVI WIFE OF DEBANAND CHAUDHARY, R/O VILLAGE SAHMALPUR KAJARA, P.S. KAJAR, DISTRICT-LAKHISARAI, AT PRESENT RESIDING AT VILLAGE RAJAPUR, P.S. BACHWARA, DISTRICT- BEGUSARI. --OPP.PARTY 4 10.11.2010 Heard learned counsel for the petitioners and learned additional Public Prosecutor for the State Petitioner is named accused in this complaint case being husband of the complainant, carries allegation of demand of dowry, torture etc. The petitioner, as submitted, intends to resume and continue marital life with the complainant, who is at her father’s place with only female child. Further one Matrimonial case under Section 9 of the Hindu Marriage Act has already been filed by the petitioner before the competent court at Munger. Considering the facts and circumstances, on the event of filing an application before court below stating the intention expressed above with offer to pay a sum of Rs.750/- 2 per month by way of ad-interim maintenance for the complainant and only female child subject to any order of the competent authority on the point and begin with the payment, the petitioner, in the event of arrest or surrender within four weeks from today, is directed to be enlarged on bail on 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, Begusari, in Complaint Case no. 2311 C of 2008, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present before the court below on each and every date till disposal of the case. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation or make any single default in payment the privilege granted shall be deemed to be cancelled. It is further made clear that if there is any positive response on behalf of the complainant on the prayer for restitution the court below shall permit the parties to resume their marital life and after having watch over their conduct for a reasonable period, pass appropriate in 3 accordance with law. (Akhilesh Chandra, J.) AAhmad