IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1977 of 2010 MD.AFJAL @ MD.AFZAL, son of Md. Rasool, resident of village Debri Pipra Latif, P.S. Parbatta, District Khagaria Versus STATE OF BIHAR ----------- 2. 23.2.2010 Heard counsel for the petitioner and the counsel for the State. The petitioner, husband, seeking anticipatory bail in connection with an offence under section 498A I.P.C. and section 4 of the Dowry Prohibition Act would submit that it is an error of record in the order of the Sessions Judge that any effort for reconciliation was made prior to rejecting the prayer for anticipatory bail of the petitioner. This Court, however, would find that the court below has drawn an adverse inference against the petitioner by accepting the submission of the Public Prosecutor In-charge that if the petitioner had a bonafide intention to resolve the dispute with his wife he could have actively participated in the reconciliation proceedings. Counsel, however, is quite emphatic that no such reconciliation was ever resorted to before the Sessions Judge, 2 Khagaria. In that view of the matter, this Court would direct the petitioner to file a fresh application for anticipatory bail before the Sessions Judge who would now take up the exercise of reconciliation by issuing notice to the complainant Baby Khatoon and in the event the court below would find that the bonafide of the petitioner is questionable on account of not undertaking to keep his wife, the complainant, with all due dignity it would record the failure of reconciliation and reject the prayer for anticipatory bail. On the other hand, if both the parties agree and the girl complainant is prepared to live with the petitioner he would be granted anticipatory bail on any reasonable terms and conditions. With the aforementioned observation, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/