IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44029 of 2008 MAMTA DEVI Versus STATE OF BIHAR & ANR with Cr.Misc. No.45110 of 2008 SANJEEV SRIVASTAVA @ MUNNA Versus STATE OF BIHAR & ANR ----------- 3/ 18-Feb-09 Heard learned counsel for the petitioners as well as O.P.No.2. It is submitted on behalf of the petitioner that while allowing anticipatory bail to O.P.No.2, the Court has taken note of the submissions of O.P.No.2 that he is ready to keep the petitioner as his wife and he would go and bring back her to his house within a period of three weeks. Since the Opposite Party No.2 did not go to bring the petitioner (complainant) as such the O.P.No.2 has failed to keep his promises. Accordingly, the order granting anticipatory bail deserves to be cancelled. Learned counsel appearing on behalf of O.P.No.2 has filed a counter affidavit and has stated that he had gone to bring the petitioner (complainant) in light of the order dated 19.9.2008 granting anticipatory bail. However, the petitioner (complainant) is not ready to come along with him as much as the family members of the petitioner (complainant) misbehaved as well. In support of the same, she has annexed a copy of the certificate given by the Ward Commissioner. Notwithstanding the rival submissions, both parties agree that the petitioner (Mamta Devi) and the Opposite Party No.2 (Sanjeev Shrivastava @ Munna) desire to appear in the Court of the Chief Judicial Magistrate, Chapra in connection with Complaint Case No.3020 of 2006 (Tr. No.3722 of 2007) on 5th of March, 2009 at 10.30 A.M. and from the Court both the petitioner (complainant) and O.P.No.2 shall go to the matrimonial home of O.P.No.2 (Sanjeev Shrivastava @ Munna). On appearance of O.P.No.2 (Sanjeev Shrivastava @ Munna) on the said date and on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Chapra in connection with aforesaid case, he shall be released on bail, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. chauhan This application is disposed of with the above observations and directions Till 5th of March, 2009 , no coercive step shall be taken against O.P.No.2. This order may be communicated through fax at the cost being deposited by the petitioner. (Shailesh Kumar Sinha, J.)