Full Judgment
1. Ram Chandra Prasad S/O Late Sita Sao R/O Mohalla- Bari Kawai, P.S- Sajhanpur, Post - Daniawa, Distt- Patna -- 801304.
2. Binda Devi W/O Ramchandra Prasad, R/O Mohalla- Bari Kawai, P.S- Sajhanpur, Post - Daniawa, Distt- Patna -- 801304. --Petitioners Versus 1. The State Of Bihar 2. Jyoti Bandana wife of Ranjit Kumar, R/o Bari Kawai, P.O & P.S. Daniyawan, Distt. Patna. --Opp.Partty With Criminal Miscellaneous No.34347 of 2011 Ranjeet Kumar S/o Ram Chandra Prasad Moh Bari Kawai Ps Sajhanpur Post Daniawa Patna-801 304. --Petitioner Versus 1. The State Of Bihar 2. Jyoti Bandana Wife of Ranjit Kumar, R/o Bari Kawai, P.O. & P.S. Daniyawan, Distt. Patna. --Opp.Part”
11. 01.2012 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. Both the applications arise out of the one and same Police Station Case and they are being disposed of by this composite order. 2 Petitioners are named accused in this case, being parents in-law and husband of complainant opposite party no.2 with allegation of demand of dowry, torture of various kinds etc. Submission on behalf of the petitioners is that they are ready to resume and continue the relationship with the complainant opposite party no.2 but by filing counter affidavit on various counts it is not acceptable to the complainant opposite party no.2 who intends to go for breaking the marital knot but inspite of several adjournments granted for taking such steps, as submitted, since the husband is not agreeable to join the complainant opposite party no.2 as co-petitioner for an application to be filed under Section 13(b) of the Hindu Marriage Act as yet, the complainant could not go ahead in that direction. Considering the facts and circumstances, the petitioners, in the event of arrest or surrender within four weeks, are directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Subdivisional Judicial 3 Magistrate, Patna, in Complaint Case no. 1540 C of 2010 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioner of Cr.Misc. no. 34347 of 2011 shall remain present before the court below on each and every date till disposal of the case. In the event of failure to attend the court on two consecutive dates without any reasonable explanation, the privilege granted shall be deemed to be cancelled. ( Akhilesh Chandra, J.) AAhmad