IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37057 of 2010 Dinesh Rai son of late Deolal Rai, resident of village- Khoripakar Govind, P.S. Amnour, District Saran. —Petitioner. Versus 1. The State of Bihar. 2. Sarita Devi wife of Dinesh Rai, resident of village- Khripakar Govind, P.S. Amnour, District- Saran. —Opp. Parties. ----------- 3/ 12-01-2011 Heard the parties. The petitioner seeks bail in the criminal prosecution registered under sections 498A, 494 and some other allied offence of the Indian Penal Code. The petitioner happens to be husband of the informant. Though there is allegation of demand of dowry and torture against the petitioner, but learned counsel submits that prior to lodging of the present F.I.R., vide Annexure-1, the petitioner had filed a matrimonial suit for dissolution of the marriage, which is still pending. When the matter was earlier taken up on 06.10.2010, notice was issued to Opposite Party No.2 (informant) to show- cause as to why the prayer for bail made on behalf of the petitioner be not allowed. In the meantime, for a period of three months, the petitioner was granted provisional bail and this matter was ordered to be listed on 15th December, 2010 under the same heading. It appears that on 15th December, 2010 or even thereafter this matter could not be taken up by this Court. 2 Transparently, after expiry of aforesaid three months’ period the petitioner has voluntarily surrendered in the court below on 10.01.2011. A surrender certificate in support of the contention of the petitioner has been produced by the learned counsel for the petitioner, which be kept on record for future reference. In the facts and circumstances of the case, particularly in view of the fact that opposite party no.2 has not appeared before this Court for opposing the prayer made on behalf of the petitioner and in view of the fact that the matrimonial suit was filed by the petitioner earlier, whereafter the F.I.R. was lodged by the O.P. No.2, vide Annexure-1, the prayer for bail made on behalf of the petitioner is allowed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Amnour P.S. Case No. 59 of 2009, subject to conditions that : (A) one of the bailors must be government servant or close family members of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner and, (B) the petitioner shall make regular pairvi in 3 the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. BTiwary/ ( Birendra Prasad Verma, J.)