IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2384 of 2009 1. NAGESHWAR PASWAN, SON OF CHANDRIKA PASWAN 2. MAHAPATI DEVI @ MAHAPATIYA DEVI, W/O NAGESHWAR PASWAN 3. BHUSAN PASWAN, SON OF CHANDRIKA PASWAN All resident of village – Gangti, P.S. and District – Sheikhpura. …. Petitioners. Versus THE STATE OF BIHAR … Opposite Party. ----------- 03. 24.03.2009 Heard learned counsel for the petitioners and the State. Let Bhusan Paswan, husband of the complainant Asharfi Devi be impleaded as petitioner no. 3. A vakalatnama filed on his behalf be taken on record. Petitioners are apprehending their arrest in connection with a case registered for the offence under Section 498A/34 of the Penal Code. Let the petitioners surrender in the court below within four weeks from today and file written undertaking that they are ready and willing to take Asharfi Devi back into the matrimonial fold. Once such undertaking on affidavit is filed, the petitioners, namely, Nageshwar Paswan, Mahapati Devi @ Mahapatiya Devi and Bhusan Paswan be admitted to the privilege of provisional bail on furnishing bail bonds of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Sheikhpura in connection with Barbigha P.S. Case No. 132 of 2008 and thereafter notice be issued to the complainant and once she appears, in presence of the court, petitioners should persuade the complainant to come back to the matrimonial fold. In the event dispute is resolved or complainant is back to her matrimonial home or - 2 - she is found to be unreasonable, provisional bail granted to the petitioners 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 petitioners. DKS/ (V.N. Sinha, J.)