1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43822 of 2010 1. Ramkali Devi Wife of Sri Balmiki Mahto, 2. Upendra Kumar Verma S/o Sri Balmiki Mahto, 3. Balmiki Mahto S/o Chautari Mahto @ Chaturi Mahto, All R/o Village Hemra, P.s. Khijarsarai, District- Gaya. --Petitioner Versus 1. The State Of Bihar 2. Shobha Devi Wife of Sri Upendra Kumar and D/o Sri Mahesh Prasad, at present R/o Village- Chhotki Babhani, P.S. Magadh University, District-Gaya. --Op.Party 6 12.12.2011 Heard learned counsel for the petitioner and learned counsel for the informant. All the three petitioners are named accused in this case, petitioners no.1 and 3,being parents in-law, and petitioner no. 2 is husband. Submission is that petitioners no.1 and 3 have already been arrested and the application on their behalf has become infructuous. It is dismissed accordingly. Petitioner no.2, being husband, intends to resume and continue matrimonial relationship with the complainant who is one and only wife. There is positive response on her behalf through counsel. No counter affidavit has been filed inspite of appearance on notice since long. Considering the facts and circumstances, in the event of filing joint application of compromise or individual petition on behalf of the petitioner before the court below stating such facts, the petitioner no.2, 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 Chief Judicial Magistrate, Gaya, in Complaint Case no. 2279 of 2009 (Tr. No. 1602 of 2010) subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that petitioner no.2 2 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. Further additional condition is that in case of filing joint petition or individual petition but on receipt of positive response the court below shall permit the couple to reside at their place of choice but to report personally on the dates fixed in the court below for the purpose only and on being satisfied of their conduct order be passed in accordance with law. AAhmad/ ( Akhilesh Chandra, J.)