IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53033 of 2008 RAJESH KUMAR MANDAL @ RAJESH MANDAL & ORS Versus STATE OF BIHAR ----------- 3 18.04.2009 Heard counsel for the petitioners and counsel for the State. There can be no denial to this fact that even if the allegations, made by the wife is accepted it was the husband who had already filed an application for restitution of conjugal rights in terms of Section 9 of the Hindu Marriage Act much before filing of the complaint petition by the wife alleging offence under Section 498(A) of the Indian Penal Code. The petitioners family members have also stated that they are fully ready to keep and maintain the informant, wife with full respect and dignity. Considering these two aspects, this Court would direct for release of the petitioners namely, Rajesh Kumar Mandal @ Rajesh Mandal, Pawan Kumar @ Pawan Mandal, Manohar Kumar Mandal @ Manohar Mandal, Baleshwar Mandal, Suraj Mandal @ Suraj Kumar, Hulas Mandal, Mangli Devi, Ramu Mandal, Vijay Mandal, Bhawesh Chandra Mandal @ Bhawesh Mandal, on bail in the event they surrender before the Court below within a period of four 2 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Dandkhora P.S. Case No. 99 of 2008 for a period of three months on a specific condition to be incorporated in the release order that within 15 days of being granted anticipatory bail to the petitioners they would themselves go and bring the informant to their house and keep her with all dignity and respect. That provisional bail will be confirmed only when the informant, wife will satisfy the court of the C.J.M., Katihar that the petitioners along with the husband had treated her well. However if the informant, wife files any application before the Court below either after restoration of relationship in terms of this order or at any stage of time during pendency of the criminal case that the petitioners or the husband had again misbehaved/tortured her, this order of anticipatory bail shall automatically stand rejected. Bibhash (Mihir Kumar Jha, J.)