IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32831 of 2008 DEVYA MOHAN SON OF RAM NARAYAN GUPTA, RESIDENT OF D-94, ANKUR ENCLAVE, KARVAL NAGAR, DELHI- 110094 Versus STATE OF BIHAR ----------- 2 16.10.2008 Heard learned counsels for the petitioner, the State and the informant. Petitioner is an accused for the offence under section 498A of the Indian Penal Code. It has been submitted on behalf of the petitioner that the present complaint has been filed for ulterior purses since before filing of the complaint the petitioner had filed application for divorce vide Anneuxre-2 of the petition. It is further submitted that notwithstanding the filing of the divorce petition, the petitioner is still ready to keep and maintain the complainant with all respect and dignity. Learned counsel appearing for the complainant submits that the complainant is also desirous of living with the petitioner provided the petitioner keeps and maintains her decently as legally wedded wife. Learned counsel for the petitioner submits that the petitioner is ready to go to the place of the complainant to bring her within a period of four weeks after giving prior intimation of his programme to the - 2 - complainant. Learned counsel for the complainant submits that the complainant would be going along with the petitioner. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of six weeks from today along with a joint affidavit sworn by the petitioner as well as the complainant to the effect that they are living together as husband and wife, the petitioner, namely, Devya Mohan be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Patna in connection with Complaint Case No. 2513 C of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. It is, however, made clear that in case the petitioner fails to keep his promises as indicated above, it will be open for the complainant to take appropriate step for cancellation of his bail on reasonable grounds. Manish/- ( Shailesh Kumar Sinha,J.)