IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13498 of 2010 RAJU PRASAD SONI, Son of Sri Rameshwar Prasad, resident of Village & P.O. and P.S. Garkha, District-Saran.....................................Petitioner. Versus 1. The State of Bihar. 2. Pinki Devi, wife of Raju Prasad Sone, daughter of Munna Prasad, resident of Sonar Toli, P.O. & P.S. Mirganj, District-Gopalganj. ...Opposite Parties. ----------- 03. 21.05.2010 In pursuance to the order dated 12.05.2010, the petitioner and O.P. No.2 are in appearance. The petitioner is ready to take back the O.P. No.2 and resume the conjugal life but O.P. No.2 is apprehensive of the family members of petitioner and wants to go with the petitioner only when the petitioner takes her some where else and not to his native home. Learned counsel for the petitioner has submitted that the petitioner is an unemployed and is unable to keep O.P. No.2 at some other place and an attempt was made to convince to O.P. No.2 for resuming the conjugal life for some time but she has flatly refused to go to her husband’s house. It is submitted by the learned counsel for the petitioner that from the impugned order it is apparent that O.P. No.2 was not 2 ready to resume the matrimonial life and moreover a case for restitution of conjugal life filed by the husband is pending. In that circumstance, let the petitioner, Raju Prasad Soni, be released on bail on his surrender before the learned court below within a period of twelve weeks from today in connection with complaint case no. C 28 of 2009( Tr. No. 2913 of 2009) on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that as and when O.P. No.2 wants to resume conjugal life she will file a petition before the learned S.D.J.M., Gopalganj then the learned S.D.J.M., Gopalganj will issue notice to the petitioner and then the petitioner will take back the complainant without any condition. U.K. (Dinesh kumar Singh, J)