IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28995 of 2010 1. ASHOK PASWAN S/O NAGO PASWAN, 2. NAGO PASWAN S/O LATE KANKIR PASWAN, R/O VILLAGE KAROTI, P.S. DUDA KISHUNGANJ, DISTRICT-MADHEPURA. 3. RAJNI DEVI WIFE OF LATE NAWAL PASWAN, R/O VILLAGE SONAMUKHI, P.S. RATWARA, DISTRICT-MADHEPURA. --PETITIONERS Versus 1. THE STATE OF BIHAR 2. SUCHITA DEVI, WIFE OF ASHOK PASWAN, R/O VILLAGE KAROTI, P.S. UDA KISHANGANJ, DISTRICT-MADHEPURA. --OPP.PARTY 5 19.11.2010 Heard learned counsel for the petitioner no.1, learned Additional Public Prosecutor for the State and Dr. Sanjay Kumar Singh, learned counsel for opposite party no.2, who is physically present but petitioner no.1 could not. Earlier vide order dated 09.08.2010, considering the offer made on behalf of the petitioner no.1, it was ordered that no coercive steps shall be taken and opposite party no.2 was noticed. Unfortunately on the day when opposite party no.2 was present, petitioner no.1 could not. Taking into consideration on 27.09.2010 an order was passed fixing 26th October, 2010 the date for appearance of opposite party no.2, subject to payment of Rs.1,000/- (Rupees one thousand) to 2 her by petitioner no.1 to the complainant. On that day also opposite party no.2 was present but petitioner no.1 could not attend. However, it is submitted that the couple is ready and willing to resume their marital life at the place of petitioner no.1. Considering the facts and circumstances, both petitioner no.1 and opposite party no.2 are directed to file an application before the court below to this effect affixing their photographs and court below shall permit them to resume the marital life and shall have watch for a reasonable period about their conduct and on being satisfied shall pass appropriate order in accordance with law. Meanwhile, the petitioner no.1, in the event of his arrest or surrender within four weeks from today and filing of petition, 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 the Chief Judicial Magistrate, Madhepura, in Complaint Case no. 59 of 2009, subject to the conditions laid down under Sections 438(2) of the Code of Criminal Procedure with additional condition that the petitioner no.1 shall remain 3 present before the court below on each and every date till disposal of the case as directed by the court below. (Akhilesh Chandra, J.) AAhmad