IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17948 of 2008 MD.YAQUB DARZI @ MD.SUTAI DARZEE & ORS Versus THE STATE OF BIHAR ----------- 4 16.7.2008 Heard Mr. Ajay Kumar Thakur, learned Counsel for the petitioners as also Counsel for the State. No one has appeared on behalf of the opposite party no.2 nor even she has herself appeared as directed by this Court in the order dated 28.5.2008. Reference may be made to the earlier order of this Court dated 28.5.2008. Pursuant thereto, the petitioner no.1, the father-in-law and the head of the family, has appeared and has stated before this Court that the whole family including himself is prepared to accept the return of the opposite party no.2, his daughter-in-law. He further undertakes that the daughter-in-law will be given due place and dignity in his family and there would be no further occasion at least from their part to give her any occasion to raise a grievance of being maltreated by her husband or her in-laws. Considering the nature of dispute, it becomes clear that the same can be effectively gone into by the Chief Judicial Magistrate, Madhubani who is in a better position to get the appearance of the 2 opposite party no.2 in person. In that view of the matter, this Court would direct the petitioner no.1 to appear before the Court of Chief Judicial Magistrate, Madhubani on any date fixed by him for complying the order of this Court. The Chief Judicial Magistrate will get the appearance of the opposite party no.2 by giving information to her Counsel and after fixing such a date when the opposite party no.2 would appear, he will ascertain her views in presence of the petitioner no.1 and in case she is ready to return back to the family of the petitioner no.1, the petitioner no.1 will take her back to his house and will keep the opposite party no.2 with due dignity. The Chief Judicial Magistrate will also fix the next date after three months on which day, he will again ascertain the experience of the opposite party no.2 and in case, it is reported that there was no maltreatment in this period of three months by the petitioners, he will grant bail to the petitioner no.2 mother-in-law namely Rajisha Khatoon in connection with Complaint Case No. 467/07 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial 3 Magistrate, 1st Class, Madhubani. But in case any sort of torture/maltreatment is alleged by the opposite party no.2, he would take the petitioner no.2 in custody and thereafter the law will take its own course. With the aforementioned observations /direction, this application for bail is disposed of. Rsh (Mihir Kumar Jha, J.)