IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39859 of 2008 SHANKAR KUMAR @ GUDDU SON OF LATE SITA RAM PRASAD, RESIDENT OF VILLAGE NAUSAH, P.S. PHULWARI SARIF, DISTRICT PATNA. Versus STATE OF BIHAR ----------- 05/ 08-06-2009 Heard learned counsel for the petitioner and the State. None appears on behalf of the complainant. Counsel for the petitioner states that he is ready and willing to continue the matrimonial relationship with the complainant and for that purpose, in compliance of the order of this Court dated 12.01.2009, he had also gone to the paternal home of the complainant but the complainant refused to come to her matrimonial house. Let the petitioner file a written undertaking on affidavit in the court below that he had approached his wife at her paternal home to come to the matrimonial house in compliance of the order of this Court dated 12.01.2009 and is still ready and willing to continue the matrimonial relationship with her. When such undertaking on affidavit is filed, the petitioner, namely, Shankar Kumar @ Guddu, will be admitted to the privilege of provisional bail on furnishing bail bond of Rs. 5000/- ( Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in Complaint Case No. 3410 ( C ) of 2006 and thereafter the complainant should - 2 - be noticed and when she appears, the petitioner should request her in presence of the court to come to the matrimonial home . In the event dispute is resolved or the complainant is back to her matrimonial home or she is found to be unreasonable, provisional bail granted to the petitioner be confirmed, failing which court below shall be at liberty to pass appropriate orders in accordance with law considering the reasonableness of the stand of the parties. This application is, accordingly, disposed of. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. BTiwary/ ( V. N. Sinha, J )