IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26177 of 2010 RAJESH RAUT S/O SRI DINESH RAUT, R/O VILLAGE LODIPUR, P.O. AMAMA, P.S. BIND, DISTRICT-NALANDA. --PETITIONER Versus 1. THE STATE OF BIHAR 2. SUSHMA DEVI WIFE OF SRI RAJESH RAUT AND D/O LATE CHHOTE RAUT, R/O VILLAGE & P.O- ACHUARA, P.S. BARH, DISTRICT-PATNA. --OPP.PARTY 2 01.09.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is named accused in this complaint case, being husband of the complainant and, as submitted, working at Panipat, Haryana. It further appears from the order of the learned Sessions Judge that negotiation was initiated as a result of which complainant went to live at her husband’s place but behavior of her in-laws remained as it is and they have again ousted. Inspite of all odds the petitioner intends to resume marital life with the complainant and even ready to take her at Panipat where he resides in connection with his livelihood. Considering the facts and circumstances on the condition of proof of filing of an application before the Principal Judge, Family Court, Patna under Section 9 of the 2 Hindu Marriage Act seeking restitution of conjugal rights making clear offer to bring the complainant even at Panipat and also till matter is settled between the two, pay ad- interim maintenance of Rs.500/- (Rupees five hundred) per month subject to orders of competent court on the point, and in the event of his arrest or surrender within four weeks from today, the petitioner is directed to be enlarged on bail on his furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, first class, Barh, in Complaint Case no. 199 ( C ) of 2009, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present on three dates before the court below. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation or causes single default in payment the privilege granted shall be deemed to be cancelled. (Akhilesh Chandra, J.) AAhmad/