IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39089 of 2010 Somesh Jha, son of Chandra Mohan Jha, resident of village – Dumaria, PO Motia Dumaria, P.S. and District - Godda ……………. Petitioner Versus 1. State Of Bihar, 2. Neeta Kumari, wife of Somesh Jha (daughter of Subhash Chandra jha), present address- Kailash Chandra Jha, House no. 1/30, Sheopuri, P.S. – Shastri Nagar, Town and District - Patna ……….. Opp. Parties ---------------------------------- 7/ 22.12.2011 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Complaint Case no. 408C of 2009 for the offences under sections 498A etc. Indian Penal Code. The petitioner is one of the named accused in this complaint case being husband of the complainant O.P. No. 2 with allegation of demand of dowry and torture etc. Submission is that during pendency of this complaint, good senses between the parties prevailed and, accordingly, they started residing together at Banglore where both are in job. However, by filing counter affidavit today, it is submitted that some sort of differences have recently crept up causing information being lodged to local police there and only thereafter for last about three weeks complainant O.P. No. 2 has her separate residence in a rented house. 2 However, taking into consideration the intention of the petitioner still to resume matrimonial relationship with complainant O.P. No. 2, in the event of arrest or surrender within a period of four weeks, let the above named petitioner be enlarged on bail on furnishing bail bond of sum of Rs.10000/(ten thousand only) with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Patna in connection with aforesaid complaint case subject to the condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, and in the event of failure on four consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Further additional condition is that in the event of getting any positive response from the complainant on the prayer made by the petitioner, the court below shall permit the couple to go and continue to reside with each other at their place of choice and to report personally on the dates fixed and only on being satisfied by their conduct, appropriate order in accordance with law be passed. Anil/ ( Akhilesh Chandra, J.)