IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10511 of 2009 MD.ZAMAL, son of Md. Abdul Subhan, Resident of Village- Naya Tole Bilashpur (Hayaghat), Police Station-Haya Ghat, District-Darbhanga. …………………………..Petitioner. Versus 1. The State of Bihar. 2. Ashgari Khatoon, daughter of Md. Mojibul, resident of Village-Makuda Police Station-Sakari, District-Madhubani. ……….Opposite Parties. ----------- 2. 18.5.2009. Heard the learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in a case registered for the offence under Sections 498(A) and other allied sections of the Penal Code and Section ¾ of the Dowry Prohibition Act. It is submitted on behalf of the petitioner that the petitioner is always ready and willing to resume the matrimonial ties with the opposite party no.2 and for such purpose he will file written undertaking to that effect in the court below within four weeks from today. Let the petitioner file an affidavit to the aforesaid effect in the court below within four weeks from today whereafter he (Md. Zamal) be admitted to the privilege of provisional bail on furnishing bail bonds of Rs. 5,000/-(Five Thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Madhubani in connection with Madhubani( Sakari) P..S. Case No. 268 of 2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and notice be issued to the opposite party no.2 and after she appears in the court below, the petitioner should also persuade the opposite partyno.2 to come back to her matrimonial - 2 - fold. In the event the opposite party no. 2 comes back in the matrimonial fold or the matrimonial dispute itself is resolved, the provisional bail allowed to the petitioner be confirmed, failing which the court below shall be at liberty to pass an appropriate order in accordance with law considering the reasonable stand of the parties. Let this order be communicated to the C.J.M., Madhubani in connection with Madhubani (Sakari) P.S. Case No. 268 of 2008 through fax on payment of usual charges by the petitioner. U.K. (V. N. Sinha, J)