IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35960 of 2010 Adarsh Kumar Priyadarshi @ Adarsh Priyadarshi, son of Late Jai Jai Ram Singh, resident of village-Sri Rampur, Thutti, P.S. Parbatta, District-Khagaria Versus STATE OF BIHAR ----------- 2 21.12.2010 Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State and Mr. Manish Kumar No.2, learned counsel for the informant. Petitioner is apprehending his arrest in connection with Parbatta P.S. Case No. 133 of 2010 for the offence punishable under Sections 498A, 323, 504/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act. Taking into consideration that there is an agreement between the parties of co-habiting peacefully as evinced by their respective counsels and that the petitioner is prepared to keep the informant with due care and dignity let the petitioner namely, Adarsh Kumar Priyadarshi @ Adarsh Priyadarshi, in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order before the Court below, be released on bail for a period of six months from the date of production of a copy of the 2 order before the Court below on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Parbatta P.S. Case No. 133 of 2010 subject to the conditions stipulated in Section 438(2) of the Code of Criminal Procedure. The parties in conformity with their undertakings would present themselves before the learned Court in Seisen of the matter on 03.01.2011 and the learned court below after recording the commitment of the petitioner of keeping the informant with full care and dignity and of discharging his duties and responsibilities as a husband, permit them to proceed for their matrimonial home. The Court below shall thereafter fix a date for the next six months in the first week of each month when both the parties shall appear to apprise the Court regarding the status of the relationship. If the petitioner, as per his undertaking before this Court satisfies the Court below of having discharged his duty of a good husband in the next six months following, the bail granted by this 3 Court shall stand confirmed. However, if the petitioner defaults and fails to honour his commitments, and the Court below is satisfied that the undertaking given by the petitioner was an empty formality to secure bail and that he has continued with the harassment and torture of the informant, the Court below shall be at liberty to take steps to initiate proceedings for cancellation of his bail bonds on grounds of misuse. I would also like to put on record that as the marriage between the parties is relatively recent, the learned Court below in seisen of the matter shall also make all efforts including process of mediation, if required and parties are willing, to bring about an amicable resolution of the dispute between the contesting parties. Bibhash (Jyoti Saran, J.)