IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35794 of 2011 ====================================================== 1. Krishna Devi, W/O Late Badri Vishal Upadhayay R/O Village - Shahpur, P.S. Shahpur, Distt. - Bhojpur 2. Mukesh Upadhyay, S/O Late Badri Vishal Upadhyay R/O Village - Shahpur, P.S. Shahpur, Distt. - Bhojpur .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== 2 25-10-2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The four petitioners apprehend their arrest in connection with Complaint Case No. 608(C) of 2010/ 1502 Tr. no. 011 for the offences punishable under Section 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act, pending in the Court of Sub- Divisional Judicial Magistrate, Buxar, are named accused in this complaint case being mother in law and husband of the complainant with allegation of demand of dowry, torture etc. Submission is that petitioners are ready and willing to resume and continue the matrimonial relationship with the complainant, who is his one and only wife of petitioner no. 2 Mukesh Upadhyay who is also ready and willing to pay a sum of Rs. 2000/- (two thousand only) per month to the complainant by way of interim maintenance for herself and infant child, subject to any order on the point by the competent Court. Considering the facts and circumstances of the case, on the event of filing of an application before the court below stating such intentions as stated above, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Buxar, in connection with Complaint Case No. 608 of 2010/ 1502 Tr.no. 011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present of petitioner no. 2 before the court below on each and every date till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation or even on single default in payment, the liberty granted shall be deemed to be cancelled. Bhardwaj/- (Akhilesh Chandra, J)