1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38692 of 2010 Md.Iliyas S/o late Md. Abbas, R/o Village-Ramna, P.S. Sherghati, District-Gaya. --Petitioner Versus 1. The State Of Bihar 2. Sabra Khatoon, D/o Jasim Ansari, W/o Md. Ilyas, R/o Mohalla-Ramna, P.S. Sherghati, District-Gaya, At present Village- Manjhar, P.S. Sherghati, District-Gaya. --Opp.Party 6 16.12.2011 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. 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 petitioner intends to resume and continue matrimonial life with the complainant, who is one and only wife and mother of one female child born out of the wed lock. There is positive response on behalf of the complainant opposite party no.2. The parties are also present in the court along with the learned 2 counsels representing them. Considering the facts and circumstances, in the event of filing of joint petition of compromise or individual application on behalf of the petitioner stating such intention, the petitioner, in the event of arrest or 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 S.K. Singh, Judicial Magistrate, first class, Sherghati, Gaya, in Trial no.266 of 2010, arising out of Complaint Case no. 593 of 2009 / 346 of 2009, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that petitioner shall remain present before the court below till disposal of the case. In case of failure to remain present on two consecutive dates without reasonable explanation, the privilege granted shall be deemed to be cancelled with additional condition that in the event of filing joint petition of compromise or individual petition 3 on behalf of the petitioner but on receipt of positive response the court below shall ensure the couple to go and reside at their place of choice but to report personally on the dates fixed and only on being satisfied on their conduct appropriate order may be passed by the court below. Let this order be communicated through FAX at the cost of the petitioner. AAhmad/ ( Akhilesh Chandra, J.)