IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26506 of 2010 BIR BAHADUR PRASAD Versus THE STATE OF BIHAR ----------- 2 04.08.2010 Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State and learned counsel appearing on behalf of the complainant father- in-law of the petitioner. The petitioner is in custody in connection with Complaint Case No. 416 of 2009 for offences punishable under Sections 323 and 498A of the Indian Penal Code. The complainant alleges that his daughter who is married to the petitioner has been subjected to harassment and cruelty although the marriage took place in the year 2000. He further alleges that the petitioner has married for a second time. Learned counsel for the petitioner by denying the allegation submits that the petitioner is prepared to restore matrimonial harmony and is ready to keep his wife with due care and dignity. Learned counsel for the complainant submits that he would have no objection to the 2 consideration of the prayer made by the petitioner in the event that the petitioner is prepared to restore dignity of his daughter Rinku Devi married to the petitioner. Having regard to the circumstances that such cases are arising by reason of the matrimonial dispute between the contesting parties, I am of the opinion that no fruitful purpose would be served in keeping the petitioner husband in custody. Taking into consideration the submissions of the learned counsel(s) representing the petitioner and the complainant, father-in-law of the petitioner who also espouses the interest of his daughter, I am further of the opinion that the parties should be afforded an opportunity of restoration of their matrimonial harmony. In the facts and circumstances, let the petitioner namely, Bir Bahadur Prasad, be released on provisional bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Sub- Divisional Magistrate, District-Rohtas in connection with Complaint Case No. 416 of 2009 The parties i.e. the petitioner and his 3 wife would appear before the Court below on 30.8.2010. In view of the submissions advanced on behalf of learned counsel for the petitioner and the informant father in law as noted above, the Court below shall endeavour for an amicable settlement of the dispute between the parties and that the couple proceed to their matrimonial home together in harmony. The Court below shall fix date in the first week of each month for the next six months for taking stock of the situation and upon the expiry of six months the provisional bail of the petitioner shall stand confirmed. Bibhash ( Jyoti Saran, J.)