IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2377 of 2009 MOHAN THAKUR, SON OF SRI MAHESH THAKUR, RESIDENT OF MAYEEL @ MAYEEL PAKARI, P.S. BIDUPUT, DISTRICT VAISHALI --------------PETITIONER. Versus STATE OF BIHAR-------------OPPOSITE PARTY. ----------- 02. 17.03.2009. Heard learned counsel for the petitioner and the State. Petitioner is the husband of the complainant and is apprehending his arrest in connection with a complaint case, which was registered for the offence under Sections 498A, 323, 379 and 494 of the Penal Code and Sections ¾ of the Dowry Prohibition Act but cognizance has only been taken against him under Sections 498A and 406 of the Penal Code. It is submitted on his behalf that the allegation about the second marriage of the petitioner is absolutely false and he is ready and willing to continue the matrimonial relationship with the complainant and for that purpose he shall file a written undertaking in the court below within a period of four weeks from today. Once such undertaking is filed, petitioner, namely, Mohan Thakur be admitted to the privilege of provisional bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Vaishali at Hazipur in connection with Complaint Case No. 128 of 2007 and thereafter complainant be noticed and once she appears in presence of the court petitioner should persuade her to come back in the matrimonial fold. In the event, matrimonial dispute is resolved and the complainant is back to her matrimonial house or she is found to be - 2 - unreasonable, provisional bail allowed to the petitioner should be confirmed, failing which court below shall 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. Rajesh/ (V.N.Sinha, J)