IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46565 of 2009 GANESH PASWAN, Son of Ravindra Paswan, Resident of Village Mangal Akhara, Patna City, P.S. Malsalami, District Patna. ……Petitioner Versus 1.THE STATE OF BIHAR 2.MAMTA DEVI, Wife of Ganesh Paswan, Resident of Mohalla Mangal Akhara, Patna City, P.S. Malsalami, District Patna, Daughter of Ram Awatar Paswan, Village Khirichack, P.S. Asthawan, District Nalanda. ……Opposite Party 04/- 13.09.2010 Heard learned counsel for the petitioner, Additional Public Prosecutor for the State and Sri Prakash Kumar, learned for the complainant-opposite party. Petitioner is named accused in this case being husband of the complainant carries allegation of demand of dowry, torture etc. The petitioner as submitted is ready and willing to resume marital life with the petitioner and continue so with all due respect and dignity. As stated matter was amicably settled before the court below and petitioner was going with his wife, but on objection of her brother-in-law, she left company of the petitioner and proceeded with him, petition to this effect was filed, but admittedly none rebutted such assertion. Considering the facts and circumstances of the case, in the event of petitioner filing an application before - 2 - Principal Judge, Family Court, Nalanda, Biharsharif under Section 09 of the Hindu Marriage Act, seeking restitution of conjugal rights and in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Ganesh Paswan, is directed to be released 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 Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Complaint Case No. 1365(C) of 2008, 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, the liberty shall be deemed to be cancelled. Praveen (Akhilesh Chandra,J.)