IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1697 of 2011 Mukesh Kumar Sah, Son of Shambhu Prakash, R/O Vill- Jaitpur, P.S.- Sariya (Jaitpur), Distt- Muzaffarpur. ….. Petitioner. Versus 1. The State of Bihar. 2. Gita Devi, Permanent Address- D/O Shankarsh, VJill- Bahadurpur, Meenapur, Distt- Muzffapur. …Opposite Parties. ---------- 4 18.08.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State and learned counsel for the complainant (O.P. No. 2). The petitioner apprehends his arrest in connection with Trial No. 2169 of 2010 arising out of Complaint Case No. 1945 of 2009 for the offences punishable under Sections 323, 498A and 307 of the Indian Penal Code and 3 & 4 of the Dowry Prohibition Act, pending in the Court of Sub- Divisional Judicial Magistrate, West Muzaffarpur, is named accused in this case being husband of the complainant with allegation of demand of dowry, torture etc., in spite of being blessed with two children one is male and other is female. Submission is that petitioner intends to resume and continue the matrimonial relationship with the complainant, who is his one and only wife. There is positive response on behalf of opposite party no. 2, who is simply apprehensive of some short of misconduct in view of previous alleged 2 behaviour. Considering the facts and circumstances of the case, on the event of filing of an application before the court below stating such intentions/joint petition of compromise duly signed by both the parties affixing their pair/ family photographs stating therein about their choice place of residence any positive response on behalf of opposite party no. 2 in reply of the petition filed by the petitioner, 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 Sub-Divisional Judicial Magistrate, West Muzaffarpur, in connection with Trial No. 2169 of 2010 arising out of Complaint Case No. 1945 of 2009, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present of the petitioner as well as appear with the complainant from the date fixed by the court below, and being satisfied of conduct of the parties, the Court below shall passed due orders in accordance with law. Bhardwaj (Akhilesh Chandra, J)