IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.902 of 2011 MD. MUSTAQUE @ MUSTAQUE AHMAD Versus THE STATE OF BIHAR AND ANR. ----------- 3. 09.02.2011. Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in complaint case in which cognizance has been taken under Sections 498(A) and 406 of the I.P.C. The marriage was performed twenty four years ago. There are several children out of the wedlock. It appears that earlier reconciliation was done but again both sides are residing separately. Learned counsel for the petitioner submits that the petitioner is ready to keep the wife with full dignity and honour as wife. Learned counsel for the complainant submits that she is being assaulted by the petitioner but still she is ready to resume the conjugal life. In that view of the matter, the petitioner undertakes to take back the complainant to the matrimonial house within a period of two weeks and will keep her with full dignity and honour and the petitioner will also take her to his place of working at Mumbai after some time and will never assault or torture with the complainant. Considering the aforesaid submissions, let the petitioner, - 2 - above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with C-Case No. 1642 of 2009, Tr. No. 2598 of 2010 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Gopalganj, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. If the petitioner will default in complying the aforesaid undertaking the other side will have liberty to file appropriate application for cancellation of bail of the petitioner, however, this liberty will apply only when the complainant will resume the conjugal life. U.K. (Dinesh Kumar Singh,J)