IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21415 of 2010 GOPAL MAHTO, Son of Bajrani Mahto, Resident of village Sado Sarai tola Koiri Bigha, P.S. Ssalaiya, District Aurangabad. ...........Petitioner Versus 1. THE STATE OF BIHAR 2. SRI KANTI DEVI, Wife of Gopal Mahto, Daughter of Bedi Mahto, P.S. Salaiya, District Aurangabad. ...........Oppoiste Parties 04/- 31.08.2010 Heard, Mr. Bindeshwar Pd. Singh learned counsel for the petitioner and Additional Public Prosecutor for the State and Srimati Dr. Leelawati Kumari, learned counsel for the informant-opposite party no. 2. Petitioner is named accused in this case being husband of the complainant, carry allegation of demand of dowry, torture etc. However, during course of arguments, it was submitted on behalf of the petitioner that he is ready and willing to resume and continue marital life with the complainant-informant, learned counsel representing her states that she suffers fear psychosis and for the present not ready to go and reside with the petitioner. Considering the facts and circumstances of the case, in the event of petitioner filing application before competent Court under Section 9 of the Hindur Marriage 2 Act, seeking restitution of conjugal rights with reasonable offer for maintenance pendente lite under Section 24 of the Act and in the event of his arrest/surrender with proof of such filing, before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Gopal Mahto, 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 Chief Judicial Magistrate, Aurangabad, in connection with Salaiya P.S. Case No. 2 of 2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before both the Courts on each and every date at least for two years or till disposal of the cases whichever is earlier and in case of failure on two consecutive dates without reasonable cause, the liberty shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)