IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14116 of 2010 CHANDAN SAH @ CHANDAN KUMAR S/O Jhapsi Sah, R/O Near Alampur Badiya Primary School P.O. Modi Nagar, P.S. Modi Nagar, Distt. Samastipur At present R/O quarter No. 1, Birchand patel path, In front of Millar High School, P.S. Kotwali, Distt. Patna …………….Petitioner Versus 1. The STATE OF BIHAR 2. Ramashish Sah, S/O Late Jethu Shah, R/O Bhadiya, P.S. Bhagwanpur, Distt. Begusarai 3. Amina Devi, D/O Ramashish Sah, R/O Bhadiya, P.S. Bhagwanpur, Distt. Begusarai …………..Opposite parties. 3. 29-06-2010 Heard learned for the petitioner seeks permission to implead daughter of the complainant as opposite party no.3, i.e. wife of the petitioner, who is present in court along with his father opposite party No. 2. Permission is granted to add the name of the daughter of the complainant as opposite party no.3 during the course of the day. Heard learned counsel for the petitioner and learned A.P.P. for the State and learned counsel for the opposite party nos. 2 and 3. Petitioner being husband of daughter of opposite party no. 2 and i.e. Opposite Party No. 3, carries allegation of demand of dowry, torture etc. During course of argument, it is submitted by the learned counsel for the petitioner that he is - 2 - ready and willing to continue the marital life with opposite party no. 3 with all due dignity and honour, the offer was accepted by opposite parties through their counsels. It is also pointed out that petitioner has already filed Matrimonial Case No. 680 of 2009 before Principal Judge, Family Court, Patna, under Section 9 of the Hindu Marriage Act, and seek restitution of conjugal right against opposite party no. 3, who is yet to appear in the said case. Taking into consideration all such aspects and giving respect to intention of the affected persons, petitioner and opposite party no. 3, i.e. his wife and daughter of opposite party no. 2 are directed to appear before the court below on 16th July, 2010, that is the date fixed before the court below, with joint petition of compromise, stating their intentions expressed here on doing so they shall be Permitted to live jointly with the company of each other. The court concerned shall have regular watch over the conduct of the parties for a reasonable period. Petitioner shall appear and report to the court below on the date fixed for such purpose, thereafter the appropriate orders shall be passed in the said proceeding. Simultaneously opposite party no. 3 is also directed to enter - 3 - her appearance in the proceeding pending before Principal Judge, Family Court, bearing Matrimonial Case No. 680 of 2009, under Section 9 of the Hindu Marriage Act, with a copy of this order, the concerned court shall also pass appropriate order taking into consideration good sense prevail between the parties. Considering the facts and circumstances of the case, in the event of his arrest/surrender on the date fixed or within a period of four weeks after the receipt of the copy of this order, let the petitioner, namely, Chandan Sah, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Begusarai, in connection with Complaint Case No. 1335(C) of 2009. Subject to condition laid down under Section 438(2) of the Criminal Procedure Code. Praveen ( Akhilesh Chandra,J.)