IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16096 of 2010 Ankur Singh @ Ankur Kumar Singh, Son of Sunil Singh @ Pappu Singh, R/o Village Bheriya, P.S. Durgawati, District Kaimur. -------Petitioner Versus 1.The State of Bihar. 2.Ansu Devi, Wife of Ankur Singh, R/o Village Mujan, P.S. Mohania, District Kaimur. -----Opposite Parties ----------------- 16/- 12/12/2011 Heard learned counsel for the petitioner, learned counsel for the complainant-opposite party no. 2 and learned Additional Public Prosecutor for the State. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 498A, 406 of the Indian Penal Code and Section 4 of Dowry Prohibition Act, is one of the named accused in this complaint case being husband of the complainant-opposite party no. 2 with allegation of demand of dowry, torture etc. in spite of being blessed with one male child, who is residing with his mother. Submission is that petitioner intends to resume and continue the matrimonial relationship with the complainant- opposite party no. 2, who is his one and only wife, though under compelling circumstances, he had to file one Matrimonial Case No. 56 of 2010, pending before the Principal Judge, Family Court, Bhabua under Section 13 of the Hindu Marriage Act. It is further submitted that dispute between the parties has been resolved and before Family Court, due application in this regard has already been filed and the parties started residing together. Learned counsel representing the complainant-opposite party no. 2, in her absence, is not in a position either to accept or refute this submission, though made positive response to the offer of reunion and it is also pointed out that one Miscellaneous Case No. 71 of 2009 under Section 125 of the Code of Criminal Procedure has also been filed, pending before the Principal Judge, Family Court, Bhabua. Considering the facts and circumstances of the case, in the event of parties filing joint petition of compromise or petitioner files individual application, enclosing copy of petition, if any, filed in matrimonial case and order of the Court thereon, before the court below stating such intentions, in the event of his arrest/surrender within four weeks, let the above named petitioner be enlarged 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, Bhabua (Kaimur), in connection with Complaint Case No. 852 of 2009, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to attend the court regularly till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Further, additional condition, in the event of filing joint petition of compromise or individual petition on behalf of the petitioner, stating such intentions, the court below on receipt of positive response from the complainant-opposite party no. 2, permit the couple to reside at their place of choice on the condition to report personally to the court below on the dates fixed for the purpose and only after being satisfied of their conduct for a reasonable period, the court below shall pass appropriate order in accordance with law. Praveen/- ( Akhilesh Chandra, J.)