IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15548 of 2010 HARIKESH SAH, Son of Harihar Sah, Resident of Village Vijaypur, P.S. Kuchaikote, District Gopalganj. ……..Petitioner Versus 1. THE STATE OF BIHAR 2. TETARI DEVI, D/O Bhikhari Sah, Resident of Village Chalwa, P.S. Gopalganj, District Gopalganj. …….Opposite Parties 05/- 02-11-2010 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State. Petitioner is named accused in this complaint case being husband of the complainant with whom he was married on 28th May, 2001. The couple is issueless and as appears from Annexure- 2, there was a village Talaknama prepared on 31.03.2007. In spite of this as it appears on behalf of the petitioner, it was submitted that he was ready and willing to resume and continue the marital life with the complainant. Consequently she was made opposite party no. 2 and notices were issued, but none turned-up. From the order of learned Sessions Judge, it appears that without any notice to the complainant order may be passed. Considering the facts and circumstances on the event of filing a proof of an application before Family Court under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights and also making an offer to pay a sum of Rs. 500/- per month by way of ad interim maintenance, subject to any order on the point by the competent court and begin with payment, in the event of his arrest/surrender before the court below within four weeks of receipt of - 2 - the copy of this order, petitioner, namely, Harikesh Sah, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Gopalganj in connection with Trial No. 1640 of 2010 arising out of Complaint Case No. 882 of 2007, subject to condition laid down under Section 438 (2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till disposal of the case, in case of failure on two consecutive dates and on single default in payment, the liberty shall be deemed to be cancelled. Praveen (Akhilesh Chandra, J.)