IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35987 of 2010 SANJAY KUMAR GUPTA, son of Bishwanath Prasad Gupta, resident of village – Nonhar, P.S. – Surajpura, District – Rohtas at Sasaram, at present posted as Tax Assistant, in the office of Chief Commercial of Income Tax, Aaykar Bhawan, 6th Floor, Rescourse Ring Road, Rajkot, Gujrat. --------- Petitioner. Versus 1. THE STATE OF BIHAR 2. Nidhi Devi alias Nidhi Kumari, wife of Sanjay Kumar Gupta, D/o – Panna Lal Gupta, resident of village – Barun Bazar, P.S. – Barun, District – Aurangabad (Bihar). ---------- Opposite Parties. ------- 02. 12.10.2010 Heard learned counsel for the petitioner, learned counsel for the complainant informant and learned Additional Public Prosecutor for the State. Petitioner is named accused in this case being husband of the complainant informant carries some allegation of demand of dowry, torture etc. However, it is submitted by the Bar that leaving aside all the differences, the couple intend to resume the conjugal life with each other giving all due respects to each other. Further submission made by learned counsel for the petitioner that in order to show his bona fide the petitioner shall file an application under Section 9 of the Hindu Marriage Act before Principal Judge, Family Court, Aurangabad, within a week of opening of civil court after Puja Vacation and the complainant informant as submitted by learned counsel representing her shall immediately enter into appearance (without waiting for any notice or summons). - 2 - Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below along with copy of such petition immediately after filing of the application within four weeks of receipt of the copy of this order, petitioner, namely, Sanjay Kumar Gupta, is directed to be released 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, Aurangabad, in connection with Barun P.S. Case No. 76 of 2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present till appearance of the complainant informant in the court of Principal Judge, Family Court, Aurangabad, which shall be done within two days of filing of such application, in no case more than 10 days of opening of civil court after Puja Vacation. The court below shall further permit the couple to go and consume their marital life at the place of petitioner (working place) and shall have regular watch for a reasonable period who shall remain present in person on the dates fixed by the court below for the said purpose. The court below after being satisfied shall pass appropriate order. Simultaneously, Principal Judge, Family Court, Aurangabad, may also do the needful in consonance with spirit of order and preferably the dates in both the cases may be commonly fixed in consultation with each other through the respective parties to the proceeding. - 3 - Let a copy of this order be communicated to the court below as well as Principal Judge, Family Court, Aurangabad, through Fax at the cost of petitioner. Rajeev/ (Akhilesh Chandra, J.)