IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41400 of 2008 SHIVENDRA KUMAR, Son of Sri Rajaram Singh, resident -“Uphar” New Shubas Colony, Dimna Road, Mango, P.S. Mango Town, District- Jamshedpur( Jharkhand)……………..Petitioner. Versus 1. The State of Bihar. 2. Punam Kumari @ Smt. Punam Singh W/O Sri Shivendra Kumar, D/O Sri Ashok Kumar Sharma, at present residing at her father’s place i.e., Bank Colony Road, Kesri Nagar, Patna-24, P.S. Patliputra(T), District- Patna……………………..Opposite Parties. ----------- 4. 04.05.2009. Heard the learned counsel for the petitioner and opposite party no.2. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 498A and other allied Sections of the Penal Code and ¾ of the Dowry Prohibition Act. It is submitted on behalf of the petitioner that he has no difficulty in resuming the matrimonial ties with the opposite party no.2 but only difficulty pointed out by the learned counsel is that the opposite party no.2 is abnormal. Such submission has been refuted by the learned counsel for the opposite party no.2. Let the petitioner and the opposite party no.2 appear in the court below on 23.5.2009 and the petitioner should file written undertaking to the aforesaid effect and thereafter he (Shivendra Kumar) 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 Chief Judicial Magistrate, Patna in connection with complaint case no. 3543 ( C ) of 2005, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and thereafter the court below should assess the mental - 2 - capability of opposite party no.2. If she is found normal then opposite party no.2 should resume her matrimonial ties with the petitioner and the provisional bail be monitored by the court below until such time the court below is satisfied that normalcy has been restored in the relationship of the petitioner and the opposite party no.2. Let this order be communicated to the Chief Judicial Magistrate, Patna in connection with complaint case no. 3543 (C ) of 2005 through fax on payment of usual charges by the petitioner. U.K. (V.N.Sinha,J)