IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36098 of 2011 Manoj Sah, son of Late Garbhu Sah, resident of village – Sattar, P.S. – Bihra, District – Saharsa. -------- Petitioner. Versus 1. The State of Bihar 2. Nirmala Devi, wife of Manoj Sah, D/o – Gajendra Sah, resident of village – Sattar, P.S. – Bihra, District – Saharsa, at present residing at village – Kharagpur, P.S. – Sonbarsa Kachchari, District – Saharsa. ------- Opposite Parties ******** For the petitioner : Mr. Ashok Kumar Mishra, Adv. For the Informant : Mr. Kumar Devashish, Adv For the State : Mr. Raj Kishor Singh, APP ****** 03. 08.12.2011 Heard learned counsel for the petitioner, learned counsel for the complainant and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Complaint Case No. 1486(C) of 2010 for offences under Section 498A and 494 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, is one of the named accused in this case complaint case being husband of the complainant with allegation of demand of dowry, torture etc. and having relation with another lady. Submission is that petitioner has no concern with any other lady and further submission of the bar is that the couple is ready and willing to resume and continue matrimonial relationship with the complainant taking into consideration not only their future but also interest of two children born out of the wedlock. The petitioner also has filed matrimonial Case No. 150/2010 under Section 9 of the Hindu Marriage Act before Principal Judge, Family Court, Saharsa. Considering the facts and circumstances of the case, in the event of petitioner filing an application before the court below stating such intention/parties files joint petition of compromise with intimation and filing separate petition before Principal Judge, Family Court, Saharsa in the aforesaid case, and in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Saharsa, in connection with Complaint Case No. 1486(c) of 2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Further additional condition is that in the event of filing of joint application or in case of individual petition but only on receipt of positive response from the informant court below will permit the couple to go and reside at their place of choice and to report personally on the dates fixed for the purpose only on being satisfied with their conduct any reasonable order in accordance with law may be passed. Rajeev/- ( Akhilesh Chandra, J.)