1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40109 of 2011 Sameer @ Sameer Bhaskar S/o Bhola Nath Bhattacharya, R/o Mohall-Lalbagh, P.S. and Distrtict-Darbhanga. --Petitioner Versus 1. The State Of Bihar & Ors. –Opp.Party 3 20.12.2011 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. Counter affidavit has been filed. Petitioner is one of the named accused in this Complaint Case, being husband of the complainant, with allegation of demand of dowry, torture etc. Submission is that under compelling circumstances petitioner had to file Matrimonial Case no.24 of 2010 in Family Court, Darbhanga, wherein due to non- appearance of complainant-opposite party no.2, after due notice, ex-parte decree of divorce has been granted in his favour, vide order dated 05.10.2010 and cognizance in the instant case was taken subsequent to that, still no step has been taken seeking annulment of ex-parte decree. 2 Considering the facts and circumstances, petitioner, in the event of arrest and surrender within four weeks, is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri A.K. Singh, Judicial Magistrate, first class, Dalsingsarai, in Complaint Case no. 507 of 2010 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present on each and every date before the court below till disposal of the case. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be cancelled. AAhmad/ ( Akhilesh Chandra, J.)