IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16255 of 2011 Saroj Paswan, Son of Raja Ram Paswan, resident of Village Kolwara, P.S. Rafiganj, District Aurangabad (Bihar). At present Putaki near the Durga Mandir, P.S. Putaki, District Dhanbad (Jharkhand). ---------- Petitioner Versus 1.The State Of Bihar. 2.Manju Devi, Wife of Saroj Paswan, Daughter of Kedar Pawan, resident of Village Ramabandh, Somari Bigaha, P.S. Aurangabad Town, District Aurangabad. -------- Opposite Parties ------------- 03/- 13.09.2011 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 a case registered for the offence punishable under Section 498(A) of the Indian Penal Code, 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 petitioner intends to resume and continue the matrimonial relationship with the complainant, who is his one and only wife and for said purpose, he has already filed one Matrimonial Case No. 351 of 2010 under Section 9 of the Hindu Marriage Act, presently pending before the Principal Judge, Family Court, Dhanbad. On behalf of opposite party no. 2, the complainant positive response is given to the offer and on whose behalf one application under Section 125 of the Code of Criminal Procedure is also pending before the Principal Judge, Family Court, Aurangabad, but till date, there is no order of interim maintenance. Considering the facts and circumstances of the case, in the event of petitioner and opposite party no. 2, the complainant files joint petition for compromise/petitioner files an application stating all such intention as stated above, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Aurangabad (Bihar), in connection with Complaint Case No. 420 of 2010 / T.R. No. 2406 of 2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Further with additional condition that the court below shall permit the parties to join the company of each other and reside at their place of choice and personally report to the court on the date fixed for the purpose and only on being satisfied with their conduct, the court below shall pass appropriate order in accordance with law. Praveen/ ( Akhilesh Chandra, J.)