IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44074 of 2010 MUNNA PRASAD YADAV S/O SRI RAJNI KANT PRASAD YADAV R/O KANTI FACTORY, GANDHI NAGAR, P.S. AGAM KUAN, DISTRICT-PATNA. --PETITIONER Versus 1. THE STATE OF BIHAR 2. MAMTA KUMARI W/O MUNNA PRASAD YADAV, R/O KANTI FACTORY, GANDHI NAGAR, OPP.OF ELECTRICITY OFFICE, P.S. AGAM KUAN, DISTRICT-PATNA. --OPP.PARTY 2 15.12.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is named accused in this case being husband of the informant carries allegation of demand of dowry, torture, physical and mental both, etc. It is submitted that petitioner is ready and willing to resume and continue the marital life with the informant who also is in job likewise the petitioner. The couple has been blessed with one male child, aged about twelve years, who is now a days residing with his mother, the informant. No step appears to have been taken by the petitioner for restitution of conjugal rights. Considering the facts and circumstances, on the event of filing a petition under Section 9 of the Hindu 2 Marriage Act before the competent court and furnishing proof of said filing along with an additional offer to pay a sum of Rs.1,000/- (Rupees one thousand) per month by way of ad- interim maintenance for the son residing with the mother, the informant, subject to final order of the competent authority in this regard or any settlement between the parties and begin with payment, the petitioner, in the event of arrest or surrender within four weeks from today, is directed to be enlarged on bail on his furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City, in Agam Kuan P.S.Case no. 220 of 2009, 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 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. (Akhilesh Chandra, J.) 3 AAhmad