IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20119 of 2011 Animesh Gupta @ Animesh Kumar, Son of Lalan Gupta, Resident of Masjid Gali, Mirchaibari, P.S. + District Katihar. ---------- Petitioner Versus 1.The State of Bihar. 2.Reena Gupta, Wife of Animesh Gupta, Daughter of Kedar Gupta, at present residing at S.K. Road, Ward No. 16, P.S. Farbishganj, District Araria. -------- Opposite Parties ----------- 03/- 04/08/2011 Heard learned counsel for the petitioner, learned counsel for opposite party no. 2 (complainant) and learned Additional Public Prosecutor for the State. Supplementary affidavit has been filed on behalf of the petitioner. The petitioner apprehending his arrest, in connection with Complaint Case No. 4053 (C) of 2010 for the offence punishable under Section 498A of the Indian Penal Code, pending in the court of Judicial Magistrate, 1st Class, Araria, is named accused in this case being husband of the complainant with allegation of demand of dowry, torture etc. Submission is that the petitioner intends to resume and continue the matrimonial relationship with the complainant, who is his one and only wife and in this regard he has already filed an application before the Principal Judge, Family Court, Katihar under Section 9 of the Hindu Marriage Act bearing Matrimonial Case No. 404 of 2010, wherein the next date fixed is 02nd September, 2011. Submission on behalf of the learned counsel representing the complainant (opposite party no. 2) is that she is also 2 ready and willing to join company of the petitioner, but since previously she was not permitted to do so in spite of indulgence of the courts concerned, she is apprehensive. Considering the facts and circumstances of the case, on the event of filing of an application by the petitioner before the court below stating such intention as stated above or joint petition of compromise in court below as well as before Principal Judge, Family Court, Katihar, 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 Judicial Magistrate, 1st Class, Araria, in connection with Complaint Case No. 4053 (C) 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 of 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 of giving an opportunity to the complainant to respond the prayer of the petitioner and if there is any positive response, the courts below shall permit the parties to go and reside in the company of each other at the place of their desire and agreement and court below shall have proper watch over their conduct for a reasonable period and the couple i.e. petitioner and the complainant shall appear and report 3 about the happenings on the date fixed for the purpose. And only after being satisfied of their conduct, the court below shall pass appropriate order in accordance with law. Let a copy of this order be communicated to the court below through FAX at the cost of the petitioner. Praveen/- ( Akhilesh Chandra, J.)