IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13443 of 2008 MD.QAISER HEYAT & ORS Versus THE STATE OF BIHAR @ ANOTHER ----------- 4. 18.7.2008. Heard learned counsel for the petitioners as also the learned A.P.P. for the State. It appears from perusal of the impugned order of the learned Sessions Judge dated 22.2.2008 that he has directed the petitioners to surrender in the trial court and execute an undertaking to take the complainant back and keep her with all dignity and safety, and if she so desires, then their plea of regular bail should be considered in right perspective by the learned trial court without being prejudiced with this order. The impugned order is not clear as to what would happen in the event of the complainant was not desirous to live with the petitioner. In that view of the matter and in the facts and the circumstances of the case, in the event of arrest or surrender in the court below by the petitioner nos.4 and 5, Musarrat Ara and Sabina Ara @ Sabiha Ara respectively, within three weeks from today, they shall be released on bail on each of them furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of Sri A.L. Yadav, Judicial Magistrare, 1st Class, Gaya in connection with Complaint Case No.1120 of 2006 subject to the conditions laid down in Section 438(2) Cr.P.C. So far as the other petitioners are concerned, they are - 2 - directed to surrender in the court below in the light of the observations made by the Sessions Court and give an undertaking to take the complainant back and keep her with all dignity and safety. In case the complainant is not desirous to return to her matrimonial home and live with the petitioners, the trial court will take into consideration this aspect of the matter and dispose of their prayer for regular bail in accordance with law. With the aforesaid observations, this application is disposed of. P.S. (Abhijit Sinha,J)