IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52672 of 2007 AWADH KISHORE LAL son of late Rampati Ram, resident of village Sarhu, P.S. Hussainabad, Japla, Dist. Palamau (Jharkhand) Versus STATE OF BIHAR 2. Surbala Krishna W/o Awadh Kishore Lal, resident of Prabha Mahal Surakhi mole Bairagi, P.S. Delha, Dist. Gaya. ----------- 4 24.2.2009 Heard learned counsel for the petitioner and the State as also the O.P. no.2. It is submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case and is being harassed in this complaint case. As a matter of fact during the pendency of this application both the parties have settled the dispute and a joint affidavit has been filed sworn by them which has been annexed as annexufre-3 to this application wherein it has been stated that both the petitioners and the complainant are enjoying their conjugal life. The petitioner has also given an undertaking that he will keep his wife with full dignity and respect. Learned counsel further submits that the petitioner is still ready to keep the complainant in a dignified manner and as a matter of fact the complainant does not want to live with the petitioner at his native place rather she wants to live at Gaya as she is doing their service. Learned counsel appearing on behalf of the complainant submits that she is also willing to stay with the petitioner provided he will keep the complaint in dignified manner. It is submitted that it is incorrect to say that the complainant wants to live at Gaya where the complainant works. Considering the facts and circumstances of the case let the - 2 - petitioner above named in the event of his arrest or surrender in the court below within four weeks from today be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Gaya in complaint case no. 584 of 2003 , subject to the conditions laid down under section 438(2) Cr.P.C. However, it is made clear that the petitioner will keep the complainant with dignified manner and with all respect and if the petitioner does not do so, it will be open for the O.P. no2 to take appropriate steps in the matter. Rahman/ (Shailesh Kumar Sinha, J)