IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41233 of 2009 Sanjeev Kumar Singh, S/o Parma Singh, resident of Village- Fatehpur, P.S. Avatar Nagar, District- Saran….Petitioner. Versus 1. The State of Bihar. 2. Baby Kumari, W/o Sanjeev Kr. Singh, D/o Chedi Singh, Resident of Village- Manpur, P.S. Dighwara, District- Saran. ……………………………………Opposite Parties. ----------- 4. 12. 04. 2010. Heard Mr. Suresh Pd. Singh, learned counsel appearing on behalf of the petitioner and Mr. Krishna Kant Singh, learned counsel appearing on behalf of O.P. No. 2. The petitioner apprehends his arrest in connection with Dighwara P.S. Case No. 59/2009 dated 05. 06. 2009, registered under Sections 341, 323 and 498 A/34 of the Indian Penal Code. In compliance of order dated 29. 03. 2010, the petitioner and O.P. No. 2 are physically present in the Court and they have been duly identified by their respective counsels. A girl child namely, Khushi aged about six years born out of wedlock of the petitioner and O.P. No. 2 is also present in the Court. The matter was heard at length on 29. 03. 2010 and it was adjourned at the request made on behalf of the counsels appearing on behalf of the petitioner and O.P. No. 2 that there was still chances of reconciliation of the entire dispute between the husband and wife. When the matter was taken up today for final disposal, unfortunately counsels appearing on behalf of the petitioner and O.P. No. 2 reported to this Court that despite their endeavour compromise could not be arrived at between the parties. In the aforesaid background, Court directed the parties 2 as also their lawyers to have fresh round of hearing in the chamber. On examination of the petitioner and O.P. No. 2, there appears to be allegation and counter allegation against each other. Though, petitioner expressed his willingness to keep O.P. No. 2 with him as his legally wedded wife, but unfortunately, attitude of O.P. No. 2 was rigid and she appears to be not willing to live with the petitioner as his wife. To ascertain the correctness and truthfulness of allegation and counter allegation against the petitioner and O.P.No.2, this Court thought it proper to examine six years girl child, namely, Khushi, who was admittedly born from the wedlock of the petitioner and O.P. No.2. From the statement of aforesaid child also it appears that O.P. No. 2 is largely responsible for deterioration of the relationship between them. In the aforesaid background, in the event of his arrest/surrender within a period of four weeks from today, the petitioner, namely, Sanjeev Kumar Singh, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, in connection with Dighwara P.S. Case No. 59/2009, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. It goes without saying that observation made in this order shall not adversely affect the case of the parties in the court below. m.p. ( Birendra Prasad Verma, J.)