IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23402 of 2010 Ajay Kumar Pandey @ Ajay Pandey, son of Sri Mahandra Mishra, resident of Bari Sangat, Barh Bazar near Gopinath Mandir, Machhalhatta, P.S. Barh, District – Patna. -------- Petitioner. Versus 1. The State Of Bihar 2. Nitu Mishra, wife of Ajay Pandey, daughter of Sri Suresh Kumar, Pandey, resident of Kako Bigha, P.S. – Dipnagar, District – Nalanda. ------ Opposite Parties. ******* 09. 22.12.2011 Heard learned counsel for the petitioner, learned counsel for the complainant and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with complaint Case No. 1330C of 2008 for offences under Sections 498A and 379 of the Indian Penal Code, is one of the named accused in this complaint case being husband of the complainant with allegation of negligence and torture etc. Submission is that petitioner intends to resume and matrimonial relationship with the complainant who is one and only wife with all due respect and dignity. Though, no counter affidavit has been filed on behalf of complainant opposite party no. 2 in spite of appearance since before, but is it pointed out that she has some reservations and for the present not agreeable to resume matrimonial relationship with the petitioner. On behalf of the petitioner, till date no steps has been taken for restitution of conjugal rights by specifically filing due application before appropriate court. Considering the facts and circumstances of the case, in the event of filing an application under section 9 of the Hindu Marriage Act before Principal Judge, Family Court, Nalanda, and enclosing copy of the same, and in the event of his arrest or surrender within a period of six weeks, let the above- named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda, Biharsharif, in connection with Complaint Case No. 1330C of 2008, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of both the cases, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)