IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56194 of 2007 1.NAVAL KISHORE BHARTI S/o- Late Shubhankar Thakur 2.Jawahar Thakur S/o- Late Shubhankar Thakur 3. Fulendra Thakur S/o- Late Shubhankar 4. Sugga Devi W/o- Late Shubhankar Thakur 5. Rohini Devi @ Rohan Devi W/o- Shree Jawahar Thakur All are residents of village Bela Govindpur, P.S.- Sharsi, District - Purnia Versus 1. STATE OF BIHAR 2. Rinku Kumari @ Rinku Devi W/o- Nawal Kishore Bharti Resident of Village Bela Govindpur, P.S. Barmakhi (Sarsi) District - Purnia ----------- 8. 01.12.2008 Heard learned counsel for the petitioner, Complainant and the State. A supplementary affidavit has been filed on behalf of the petitioners. Petitioners are accused in a case for the offences registered under Sections 341, 323, 498A, 307/34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act. It is submitted on behalf of the petitioner that the Maintenance Case filed by the Complainant in the court below vide Maintenance Case No. 176 of 2007. A petition has been filed on behalf of the petitioner in the said case making certain allegation against her. It is further submitted that in the - 2 - present case Opposite Party No. 2 has appeared and filed counter affidavit wherein it has been stated to the effect that in case, petitioner withdraws his certain allegation which he has made in the Maintenance Case she will have no objection in living with the petitioner. It is further submitted that petitioner is also agree and desirous to keep the complainant as legally wedded wife. Learned counsel for the Opposite Party No. 2 submits that she has no objection provided petitioner keep the complainant and her children decently. Considering the submissions as made above as well as the materials brought on record and the averments made in the petition, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, named above be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnia in connection with Sarsi P.S. Case No. 30 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. It is however, made clear that if petitioner fails to keep his promises, it will be open for the Complainant to take steps for cancellation of bail on reasonable grounds. Jagdish (Shailesh Kumar Sinha,J) - 3 -