IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38078 of 2010 SAKALDEO YADAV @ SAKO YADAV SON OF LATE FAGU YADAV, RESIDENT OF VILLAGE-MAHULI, P.S.-ARIARI, DISTRICT-SHEIKHPURA Versus THE STATE OF BIHAR ----------- /2/ 26.11.2010 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State. Earlier while order dated 19.08.2010 passed in Criminal Miscellaneous No. 21947/10, the petitioner was granted the privilege on certain conditions. It is submitted that in spite of best efforts made by the petitioner his wife did not turn up on the date fixed and even on subsequent dates as submitted no joint petition for compromise could be filed before Court below in compliance of earlier order of this Court. On such submission modification in the earlier order is sought. Considering the facts and circumstances, in the event of petitioner file an application before the Court below stating therein his intention to resume marital life with his wife with an offer to pay a sum of rupees 500/- by way of ad-interim maintenance subject to final order on the point by competent authority and begin to pay.. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the Court below within four weeks, petitioner is directed to be released on bail on 2 furnishing bonds of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda in connection with Complaint Case No. 693C/2008, subject to the conditions laid down under Section 438 (2) of the Criminal Procedure Code with additional condition to remain physically present before the Court below, till disposal of the case. In case of failure to be present on two consecutive dates, the privilege shall be deemed to be cancelled. It is further made clear that if there is any positive response on the application by petitioner by his wife the Court below shall pass appropriate order in the light of observations made in earlier order also. Let the order be communicated to the Court below through FAX at the cost of petitioner. Safik ( Akhilesh Chandra, J.)