IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31595 of 2010 MD.NAZIM, son of Md. Israil, resident of village – Rampur Ugan, P.S. – Motipur, District – Muzaffarpur. --------- Petitioner. Versus 1. THE STATE OF BIHAR 2. Anjum Pravin, wife of Md. Nazim, resident of village – Rampur, P.S. – Motipur, District – Muzaffarpur, at present residing at village – Donawan Ghat, P.S. – Sakra, District – Muzaffarpur. --------- Opposite parties. ------- 02. 06.09.2010 Heard learned counsel for the petitioner, learned counsel for the complainant opposite party no2 and learned Additional Public Prosecutor for the State. Petitioner is named accused in this case being husband of the unfortunate who was initially married with elder brother of the petitioner who was ailing since before and died within three months of the marriage during treatment thereafter she was married with the petitioner who carries allegation of demand of dowry, torture etc. but appears to have filed matrimonial case no. 71/2007 seeking restitution of conjugal rights against the complainant opposite party no.2 which has been dismissed for non-prosecution. During argument, it is submitted on behalf of opposite party no.2 that she intends to reside with the petitioner on whose behalf it is said that steps for restoration of original case or fresh petition before family court shall be filed immediately. Simultaneously, it is expected that opposite party no.2 shall appear in the Family Court with her intention as submitted here so that the dispute between the parties may be resolved at - 2 - the earliest. In view of the above, in the event of the petitioner filing an undertaking before the court below stating his intention and further offers to pay a sum of Rs. 500/- per month subject to order of the competent court besides filing a fresh petition before the Principal Judge, Family Court seeking restitution of conjugal rights and in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Md. Nazim, 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 Sub-Divisional Judicial Magistrate, (West) Muzaffarpur, in connection with Complaint Case No. 947/2007, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case whichever is earlier, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)