Full Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40236 of 2010 Afroz Ahmad, son of Late Dr. Mauladin, resident of hasanpura Bara Mohalla, P.S. M.H. Nagar, District Siwan. ----- Petitioner. Versus 1. The State of Bihar 2. Kainat Nesha, wife of Afroz Ahmad, daughter of Abdul Sattar Mansoori, resident of village Hasanpura Bara Mohalla, P.S. M.H. Nagar, District Siwan. At present D/o Abdul Sattar Mansoori, Resident of village Nabiganj, P.O. + P.S. Barharia, District Siwan. --------Opposite Parties. ******** 05. 12.01.2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Hussanganj (M.H. Nagar) P.S. Case No. 148/2010 for the offences under Section 498(A) of the Indian Penal Code, is one of the named accused in this case instituted on the basis complaint case no. 1903/2010 being husband of the complainant informant with allegation of demand of dowry, torture etc. and also having another wife, as submitted during arguments. Submission of the Bar is that in spite of all such odds couple is ready to resume and continue matrimonial relationship with each other with all due dignity, honour and respect for all concerned. Considering the facts and circumstances of the case, in the event of filing individual duly verified petition supported with personal affidavit stating all such intentions, in the event of his 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. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan, in connection with Hussanganj (M.H. Nagar) P.S. Case No. 148/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Further additional condition is that in the event of filing joint application of compromise or individual petition, on receipt of positive response the court below permit the couple to go and reside together at their place of choice but personally report to the court concerned who on being satisfied with their conduct may pass appropriate order in accordance with law. ( Akhilesh Chandra, J.) Rajeev/-