1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38120 of 2011 Ram Swaroop Maharaj S/o Late Kripanath Maharaj, R/o Mohalla-Sheopuri Road, C/o Engineer Rajendra Prasad, Near Sheo Mandir, P.S. Sheopuri, District-Patna. --Petitioner Versus The State Of Bihar --Opp.Party For the Petitioner : Mr. Inderjeet Singh For the State : Mr. Anuj Kr. Shrivastava, APP 2 22.11.2011 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is one of the named accused in this complaint case, being father in law of the complainant. Submission is that husband of the complainant is residing at Delhi and is in service. Main grievance appears against him who also under compelling circumstances, has filed Matrimonial Case no. 2 of 2011 before Principal Judge, Family Court, Saran at Chapra under Section 9 of the Hindu Marriage Act which is pending appearance of the complainant and consequential proceeding. Further submission is that petitioner has nothing to do with the 2 AAhmad/ matrimonial relationship between the complainant and her husband and he is not interfering in any way. In view of the above, the petitioner, in the event of arrest or surrender within four weeks from today, 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 Subdivisional Judicial Magistrate, Bettiah, West Champaran, in Complaint Case no. 320 ( C ) of 2011, 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 before the court below till appearance / apprehension of non-petitioner, husband of the complainant, who is son and co-accused of the petitioner. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be cancelled. (Akhilesh Chandra, J.) 3