IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3908 of 2010 MD.NAWAB Versus STATE OF BIHAR ----------- 5 21.5.2010 In compliance of order dated 14.5.2010 the petitioner and informant (O.P. no.2) are physically present in the court and they have been duly identified by their respective counsel. The petitioner has filed a supplementary affidavit, whereas O.P. no.2 has filed a counter affidavit. Let said affidavits be kept on record, which shall form part of this order. Heard the parties. In a criminal prosecution for the offence under section 498 A and some other allied offences under the Indian Penal Code, the petitioner is husband, whereas the informant (O.P. No.2) is his wife. In the affidavits filed on behalf of the petitioner as also O.P. no.2, they have clearly stated that dispute between them has been finally resolved out side the court and both of them are willing to live together as legally wedded husband and wife. The petitioner has given an undertaking before the court that he will keep the O.P. no.2 as his legally wedded wife with all dignity, comfort and honour and has further undertaken that no torture will be committed upon her in future. O.P. No.2 has also given an undertaking that she will carry cordial conjugal relationship with her husband. In view of the aforesaid compromise arrived at between the parties, in the event of arrest or surrender in the court below within a period of four weeks from today in complaint case No. 2439 of 2009 the above named petitioner 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 - 2 - satisfaction of C.J.M, Vaishali at Hajipur ,subject to the conditions laid down under Section 438(2) Cr.P.C. As agreed by the parties, the petitioner and O.P. no.2 shall go together from the court and petitioner will take her to her matrimonial home. It is further made clear that if good relationship between them continues for some reasonable period, say about one year, then it will be open for them to file a petition in the court below for disposal of the present criminal case in terms of the compromise. However, if petitioner violates the terms and condition of compromise, or the undertakings given before this Court, then it will be open for the O.P. No.2 to take all legal recourse available to her. ( Birendra Prasad Verma, J. ) M.Rahman