IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23235 of 2011 Ravi Shanker Burman @ Ravi Shanker Prasad Burman Versus The State Of Bihar ---------- 03. 19.08.2011 Heard Sri Sakil Ahmad Khan, learned senior counsel for the petitioner, Sri Yogesh Chandra Verma, learned senior counsel for the complainant- opposite party no. 2 and Sri Damodar Prasad Tiwary, learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Complaint Case No. 21C of 2011, pending in the court of Chief Judicial Magistrate, S.D.J.M., Lakhisarai, is named accused in this complaint case being husband of the complainant with allegation of demand of dowry, torture etc. in spite of being blessed with a male child now aged about 4 ½ years. Submission is that earlier petitioner filed an application seeking restitution of conjugal rights and there was some sort of panchayati between the parties and again the couple started residing together, but under unfortunate circumstances he is compelled to file an application seeking dissolution of marriage and decree of divorce. The above case is 2 pending before Second Additional District Judge, Asansol, West Bengal. However, during course of submission, it is submitted that petitioner, in spite of filing the above application, is ready and willing to resume and continue matrimonial relationship with the complainant who is one and only wife and on behalf of the complainant also it is submitted that she is ready and willing to join company of the petitioner. Further submission on behalf of the petitioner is to strengthen the intention offers to pay a sum of Rs. 1500/- per month by way of interim maintenance to the complainant subject to any order of the competent court on the point. Considering the above, in the event of filing an application before the court below stating such intention and offer/joint petition of compromise duly signed by the parties affixing their pair photographs stating intention to resume and continue matrimonial relationship and mentioning their choice and place of residence etc./any positive response of the petition filed by the petitioner, in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of 3 Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of S.D.J.M., Lakhisarai, in connection with Complaint Case No. 21C/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition is on the event of filing joint petition of compromise or positive response from the complainant, court below shall permit the parties to comply the terms of agreement and report the court about their conduct by personal appearance on the dates fixed for the purpose and only of being satisfied of their conduct the court below shall pass due orders in accordance with law and further condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.)