IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1751 of 2011 MD. JAMIL, Son of Late Yusuf Miyan, Resident of Village Belahi, P.S. Jogbani, District Araria. ……..Petitioner Versus THE STATE OF BIHAR ……..Opposite Party ----------- 03/- 02-02-2011 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State. None appeared on behalf of the complainant. Earlier, after hearing the learned counsels representing the petitioner, State and complainant-opposite party no. 2, petitioner was granted the privilege of anticipatory bail vide order dated 27.10.2010 in Cr. Misc. No. 12475 of 2010, on certain conditions which emerged due to submission of amicable settlement between the parties, but as submitted by filing this application that the complainant is not ready to file petition for compromise affixing pair of photographs etc. in compliance of the earlier order. Though, there appears no dispute between the couple on the matter of consuming marital life. Considering the peculiar circumstances of this case, on the event of filing an application before Family Court, Araria seeking restitution of conjugal rights and on submission of proof with an undertaking to attend both the proceedings regularly, in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Md. 2 Jamil, is directed to be released 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 learned Chief Judicial Magistrate, Araria in connection with Complaint Case No. 2536 C of 2007, 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 till disposal of the case, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. With the above modification this application stands disposed of. Let, a copy of this order be communicated to the court below through FAX at the cost of the petitioner. Praveen/- ( Akhilesh Chandra, J.)