IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.238 of 2010 Sandeep Pathak @ Banti Pathak son of Vijoy Kant Pathak @ Chhabo Pathak, Resident of Village- Rataitha, Police Station- Kharagpur, District- Munger. ………………… Petitioner Versus 1. The State Of Bihar. 2. Pallavi Kumari wife of Sandeep Pathak @ Banti Pathak daughter of Manohar Thakur, Resident of Village- Rataitha, Police Station- Kharagpur, District- Munger at present resident of village Teghra, Police Station- Kharagpur, Distric Munger. ……………..Respondents ----------- 4. 23-06-2010 Heard both sides. The petitioner is named accused in connection with Complaint Case No. 04/2008 for offences under Sections 498A, 323, 406 of the Indian Penal Code, being husband of the complainant carries allegation of demand of dowry, torture etc. During the course of argument, it is submitted that the petitioner is ready and willing to lead marital life with the complainant with due honour and dignity, but no steps for restitution appears to have - 2 - been taken by the petitioner. Considering the facts and circumstances of the case, in the event of his arrest/ surrender before the court below within four weeks of receipt of the copy of this order, the Petitioner, namely Sandeep Pathak @ Banti Pathak, 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 Judicial Magistrate Ist Class, Munger, in connection with Complaint Case No. 04/2008. Subject to condition laid down under Section 438 (2) of the Criminal Procedure Code with additional conditions to attend the court during trial on each and every date at least for one year or till conclusion of the trial whichever is earlier, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled and also simultaneously producing copy of - 3 - the petition filed before the competent court under Section 9 of the Hindu Marriage Act, seeking restitution of the conjugal rights and further filing undertaking to pursue the cases before the said court and attend regularly the proceeding in said court as well as the court below on the dates fixed. Fahad. (Akhilesh Chandra, J.)