IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24418 of 2011 1. Naresh Prasad Chaudhary @ Naresh Chaudhary, son of Late Raj Mohan Chaudhary, resident of village Pandey Patti, P.S. – Buxar Mufassil in the district of Buxar, presently residing at Post & Telecom Colony, Veraval P.S. Veraval in the district of Junagarh in the State of Gujarat. 2. Shailesh Chaudhary, son of Sri Naresh Prasad Chaudhary @ Naresh Chaudhary resident of village Pandey Patti, P.S. – Buxar Mufassil in the district of Buxar. ------- Petitioners. Versus 1. The State of Bihar 2. Rubi Kumari @ Rubi Patel, wife of Sri Shailesh chaudhary and daughter of Sri Bajrangi Chaudhary, residing in village Mathanim (Nuniatola) P.S. – Dumraon in the district of Buxar. --------- Opposite Parties. --------- 02. 18.08.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, apprehending their arrest in connection with Buxar Mufassil P.S. Case No. 50/2011, pending in the court of Chief Judicial Magistrate, Buxar, are named accused being father-in- law and husband of the informant with allegation of demand of dowry, torture etc. Submission is that petitioner no. 2 the husband intends to resume and continue matrimonial relationship with the informant and accordingly file 2 matrimonial case no. 70/2010 under section 9 of the Hindu Marriage Act, but, under compelling circumstance he had further filed matrimonial case no. 4 of 2011 under section 13 of the Hindu Marriage Act seeking dissolution of marriage and decree of divorce. But, prior the subsequent suit is admitted the present case was instituted. In spite of all odds, the petitioner still intends to resume and continue matrimonial relationship with the informant to further strengthen his intention, he offers to pay a sum of Rs. 1000/- per month by way of interim maintenance to the informant subject to any order of the competent court on the point. Considering the facts and circumstances of the case, in the event of filing an application before the court below stating such intention, in the event of their arrest or surrender within a period of four weeks, let the above-named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar, in connection with Buxar Mufassil 3 P.S. Case No. 50/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation or any default in payment, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.)