IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20326 of 2011 Nazbullah Versus The State Of Bihar ---------------------------------- 3 4.8.2011 Learned counsel is permitted to implead the complainant as Opposite party no.2 and since she has already entered her appearance through an advocate, there is no need to issue notice. Heard learned counsel for the petitioner and learned A.P.P. for the State as well as learned counsel for the complainant. Petitioner is named accused in this complaint case being husband of the complainant with allegation of demand of dowry and torture etc. Submission is that the petitioner intends to resume his matrimonial life with the complainant because who is his one and only wife. Though under some confusion matrimonial case being Divorce Suit No.198/09 was filed before the Family Court, Siwan seeking dissolution of marriage but that has been withdrawn vide order dated 4.2. 2011. Inspite of that the complainant is not ready to join his company. On the other hand, learned counsel for the O.P.No.2 submits that she is also willing to join the petitioner. Considering the facts and circumstances of the case, in the event of his arrest/surrender as also of filing an application before the court below by the petitioner, Nazbullah, stating such intention/ joint petition of compromise duly signed by both the parties, within 2 four weeks, let him be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of C.J.M., Siwan, in Complaint Case No.2859/09, subject to the condition as laid down under section 438(2) of Cr.P.C. with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates without giving any reasonable explanation, and in default of payment of any instalment the liberty granted shall be deemed to be cancelled.Further additional condition is that the court below shall permit the parties to join their company and reside jointly at their place of choice and have a regular watch over their conduct and only after being satisfied pass appropriate order in accordance with law. Let this order be communicated to the court below through fax at the cost of the petitioner. AnilKrSinha (Akhilesh Chandra,J.)