IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10441 of 2009 RAJU TATMA, Son of Kishan Lal Tatma, resident of Village- Mahalgaon, Police Station- Jokihat, District- Araria………………………Petitioner. Versus The State of Bihar……………………………………….Opposite Party. ----------- 2. 18.5.2009. Heard learned counsel for the petitioner and the State. Petitioner, who is the husband of the complainant, is apprehending his arrest in connection with a case registered for the offence under Section 498(A) of the Penal Code. It is submitted on his behalf that he is always ready and willing to continue the matrimonial ties with the complainant, Poonam Devi but she is not willing to resume the matrimonial ties as she is happily residing with one Nityanand Tatma which fact has also been found by the Deputy Superintendent of Police in his report dated 14.10.2008, annexure-3. Let the petitioner surrender in the court below within four weeks from today whereafter he (Raju Tatma) 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 the Chief Judicial Magistrate, Araria in connection with complaint case no. C2302 of 2008 and the complainant Poonam Devi be noticed to appear in the matter and after she appears, the petitioner in presence of the court below should again request Poonam Devi to come back to her matrimonial fold not only by words of mouth but also by his suitable conduct and gesture. In the event, the complainant declines to come back to the matrimonial home, an appropriate order confirming the provisional bail allowed to the - 2 - petitioner be passed considering the reasonableness of the stand of the parties. In the event the complainant does not respond to the notice of the court below to appear in these proceedings then also the court below shall confirm the provisional bail allowed to the petitioner. Application stands disposed of. Let this order be communicated to the Chief Judicial Magistrate, Araria in connection with complaint case no. C 2302 of 2008 through fax on payment of usual charges by the petitioner. U.K. (V.N.Sinha,J)