IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13347 of 2010 ASHOK RAI, Son of Jawahar Rai, resident of Village- Bhadwas, Police Station- Mahua in the district of Vaishali...............................Petitioner. Versus THE STATE OF BIHAR................................................Opposite Party. ----------- 2. 11.05.2010. Heard learned counsel for the petitioner and counsel appearing for the State. The petitioner is apprehending his arrest in a complaint case in which the cognizance has been taken under Sections 498(A) and 379 of the I.P.C. and Section 4 of the D. P. Act. The petitioner has filed the application for restitution of conjugal life prior to the filing of the present complaint petition and still he is ready to keep the complainant as wife with full dignity and honour. From the impugned order, it appears that in spite of the notices the complainant did not appear before the learned Sessions Judge. In that view of the matter, I am not issuing notice to the complainant. However, if the complainant files any application for resuming the conjugal life then the learned S. D. J. M., Vaishali at Hajipur will issue notice to the petitioner and the petitioner 2 will take back the complainant and resume the conjugal life without putting any condition or restriction. It has further been submitted by the learned counsel for the petitioner that the petitioner has not performed any second marriage. If during pendency of the case it will be found that the petitioner has performed second marriage, the cancellation of the bail of the petitioner will be considered by trial court on this ground alone. In view of the aforesaid discussions, let the petitioner, Ashok Rai, be released on anticipatory bail on his surrender before the learned court below within a period of twelve weeks from today in connection with complaint case no. 1803 of 2008 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., Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure U.K. (Dinesh Kumar Singh,J)