IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6448 of 2010 Awadhesh Kumar @ Awadhesh Prasad, S/o Ramdarsan Prasad, Resident of Village Chainpur, P.S. Siswan, District Siwan. -------- Petitioner Versus State of Bihar ------ Opp. Party ----------- 2 4.3.2010 Heard Mr. Yogendra Prasad Sinha, learned counsel for the petitioner and counsel for the State. The petitioner, husband faces allegation for offence under Sections 498A of the Indian Penal Code has his cut out defence that there was no question of causing any mental or physical torture to his wife, complainant, inasmuch as, the marriage is at least 23 years old and there are four children from the marriage and therefore it cannot be said that after such a long conjugal life, the petitioner in isolation could have acted detrimental to his matrimonial life. This Court would find that even the complainant has not suppressed this part of story that there was old conjugal life in which she was subjected to repeated torture by the petitioner and other family members and in this context, she has narrated the occurrence 2 of 25.5.2007 and 5.5.2008 by way of illustration. Even the daughters of the petitioner are cited to be witnesses to such occurrence. In this context, though the petitioner has not asserted the fact of keeping his wife, complainant with all dignity but as Mr. Yogendra Prasad Sinha, learned counsel for the petitioner has personally given an undertaking that the petitioner is prepared to keep the complainant with due respect and dignity as his wife and that he would never indulge in the similar type of activities as is alleged in the complaint petition, this Court would direct him to surrender within a period of four weeks before the court below wherein the petitioner, namely, Awadhesh Kumar @ Awadhesh Prasad will be released on provisional bail for a period of one month on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Siwan in connection with C. Case No. 1114 of 2008, subject to the condition as laid down under Section 438(2) of the Cr.P.C. In this period, the petitioner would make all his 3 personal endeavors to not only restore the relationship to keep the complainant, wife with all respect as a wife would deserve in a family. After a period of one month, both the petitioner, husband and the complainant, wife would appear in the court below and if the court below on enquiry from the wife, complainant gets satisfied with the behaviour and conduct of the petitioner, it would again extend the provisional bail for a further period of three months, whereafter, they will again have to appear before the court below for satisfying their peaceful conjugal life for extension of provisional bail for next three months and such exercise will be continued for a period of three years whereafter only the provisional bail of the petitioner shall be confirmed if the court below is fully satisfied with the behaviour and conduct of the petitioner towards his wife. It is, however, made clear that if at any point of time the complainant, wife would bring substantial material before the court below to show that she was subjected to 4 humiliation or torture by the petitioner, husband and/or her family members, the court below will cancel the provisional bail of the petitioner and take him into custody leaving him to take recourse for grant of regular bail in accordance with law. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)