IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5547 of 2011 Md. Khurshid Alias Md. Khurshid Alam, Son of Late Md. Ismail, Resident of Village Amritpur, P.S. Sadar, District Hazaribagh, State of Jharkhand. ---------- Petitioner Versus The State Of Bihar -------- Opposite Party ----------- 05/- 10/08/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioner apprehends his arrest, in connection with Kotwali P.S. Case No. 281 of 2008 for the offences punishable under Section 366 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Gaya, is one of the named accused in this case instituted on the basis of Complaint Case No. 1991 of 2008. Submission is that after two months of complainant- informant remaining outside the house, no information or F.I.R. was lodged with the police from her family members. This itself is sufficient to show the gravity of the alleged offence. Further, submission is that co-accused i.e. wife of the petitioner has already been granted the privilege by a Bench of this Court vide order dated 15.11.2010 passed in Cr. Misc. No. 40932 of 2010. The parties appear to have compromised the case and accordingly petition for compromise is on record. If it is so, on the event of complainant-informant by appearing before the court below supports the factum of compromise with her free will and consent without any coercion and her husband 2 stood as one of the bailors, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, in connection with Kotwali P.S. Case No. 281 of 2008, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years of till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)