1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40742 of 2010 Syed Naiyar Haroon @ S.N.Haroon S/o S.M. Haroon, R/o Wali Court Apartment, Flat no. 304, Khajpura, P.S. Shashtrinagar, Distt-Patna. --Petitioner Versus 1. The State Of Bihar 2. Shamia Jabin W/o Syed Nair Haroon, R/o Wali Court Apartment, Khajpura, P.S. Shashtri Nagar, District-Patna. At present Shamia Jabin, D/o Dr. S.M. Shahjahan, R/o Village- Barauni P.S. Barauni, Distt-Begusarai. --Opp.Party 7 13.12.2011 Supplementary and counter affidatis have been filed. Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. Petitioner is named accused in this complaint case, being husband of the complainant, with allegation of demand of dowry, torture etc. Submission is that initially petitioner intended to resume and continue matrimonial relationship but under compelling circumstances he had to break the marital knot. Meanwhile between the parties 2 several litigations creped up but now resolving all disputes petitioner and complainant are ready to lead separate and independent life without any alliance with each other and by way of permanent settlement / alimony subject to withdrawal / disposal of all the cases between the parties concerned petitioner is ready to pay a sum of rupees nine lacs to the complainant which is acceptable to opposite party as submitted by the learned counsel representing her. Considering the facts and circumstances, the petitioner, in the event of deposit of the aforesaid amount through demand draft / Banker’s cheque in the name of the complainant opposite party no.2 in Court and filing of petition stating all such facts as well preferably filing of due application in accordance with law in all the proceedings pending between the parties in different courts, in the event of arrest or surrender within six weeks, is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two 3 sureties of the like amount each to the satisfaction of Subdivisional Judicial Magistrate / Judicial Magistrate concerned, Begusarai, in Complaint Case no.393 C of 2010, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that petitioner shall remain present before the court below till disposal of the case. In case of failure to remain present on two consecutive dates without reasonable explanation, the privilege granted shall be deemed to be cancelled. However, it is further made clear that Banker’s cheque / demand draft will be paid to or encashed by the complainant opposite party no.2 only on disposal of all the cases for the present pending between the parties. Precautions be also taken that no one may take undue advantage of the riders imposed. AAhmad ( Akhilesh Chandra, J.)