IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34551 of 2009 MUKHTAR ALAM @ MUKHTAR, son of Md. Yunus Versus THE STATE OF BIHAR & ANR ----------- 5/ 06.04.2010 Heard learned counsel for the petitioner and the State as well as opposite party no.-2. Opposite party no.2 is present in person and she has expressed her willingness to stay with the petitioner. Counsel for the petitioner submits that on account of fall, the lalter has sustained fracture injuries and as such he has not been able to appear before this Court in person. In view of the submissions of the learned counsel for the petitioner as well as opposite party no. 2 (the complainant), this Court has not gone into the merit of the allegations and gives the following directions in the larger interest of the parties: (i) No coercive steps shall be taken against the petitioner for three months in connection with Complaint Case No. 894 of 2008 pending in the court of Sub-Divisional Judicial Magistrate, Kishanganj. (ii) Within 8 weeks, the petitioner would go to parents’ house of opposite party no.2, Tanjuma Khatoon, in order to bring her back to his home. (iii) The learned Magistrate will fix a date in the last week of June, 2010 or first week of July, 2010 and call both the parties to attend the court in person. (iv) The learned Magistrate or the court below in seisin of the case would enquire from opposite party no.2 / complainant as to - 2 - whether she is being kept with due care and affection. (v) In case, the opposite party no. 2 / complainant is kept well by the petitioner and his parents, the court below will extend the period of interim bail, as he would deem fit at least one time more to ascertain whether opposite party no.2 / complainant, was being kept well or not, and if the court finds that opposite party no.2/ complainant is not being kept with due care and affection, rather she is tortured, the learned Magistrate would dispose of the bail application on its own merit without being prejudiced by this order. With the aforesaid directions, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)