IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21065 of 2010 MD.KUDDUSH, S/o – Late Md. Soyab, resident of village – Jahangir tola, P.S. – Kamtaul, District – Darbhanga. ---------- Petitioner. Versus 1. THE STATE OF BIHAR 2. Gulshan Khatoon, D/o – Md. Buniyad, W/o – Md. Kuddush, R/o – Village Jahangir tola, P.S. S. Kamtaul,Distt. – Darbhanga at present residing at village – Bhairba, P.S. Bisfi, District – Madhubani. ------- Opposite Parties. ------- 02. 02.08.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is named accused in the complaint case being husband of the complainant carry allegation of demand of dowry, torture etc. It is contended that petitioner has already filed Matrimonial Case No. 123/2008 in the court of Principal Judge, Family Court, Darbhanga, seeking restitution of conjugal rights and roughly two years after filing of the said case, on getting information the instant case has been filed. Considering the facts and circumstances, on the production of proof of service of notice in matrimonial case or appearance of the complainant in the said case before filing of - 2 - the complaint case bearing C.R. Case No. 278/2010 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. Kuddush, 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 Chief Judicial Magistrate, Madhubani, in connection with C.R. Case No. 278/2010, 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.)