IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40040 of 2008 UMESH SHAH, Son of Asharfi Shah, resident of Village- Manjhgama, Police Station- Bathnaha, District- Sitamarhi :--------Petitioner. Versus 1. STATE OF BIHAR, 2. Kiran Devi, daughter of Mahendra Sah, Vill- Fatahpur, P.S.- Sonbarsa, District- Sitamarhi :--Opposite Parties. ----------- 4. 10.04.2009. Heard learned counsel for the petitioner and the State. Petitioner husband is apprehending his arrest in connection with a case registered for the offences under Sections 498A and 323 of the Penal Code and Section 4 of the Dowry Prohibition Act. In the circumstances both Petitioner and Opposite Party No.2 are directed to appear in the court below on 30th April, 2009 and the petitioner should file undertaking on affidavit that he is ready and willing to resume the matrimonial relationship with the complainant-Opposite Party No.2. In the event such undertaking on affidavit is filed on 30th April, 2009 petitioner Umesh Shah 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 Sub-Divisional Judicial Magistrate, Sitamarhi, Sadar in connection with Complaint Case No. C-1/968 of 2007, Tr.No. 2653 of 2008 and thereafter in presence of the court petitioner should persuade the complainant-Opposite Party No.2 to come back to the matrimonial home not only by words - 2 - of mouth but also by his suitable conduct and gesture and the court below should monitor the provisional bail until such time the court below is satisfied that matrimonial peace prevails between the parties and they are residing peacefully in the matrimonial home and after having been satisfied the court below should confirm the provisional bail allowed to the petitioner, otherwise the 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 petitioner. P.K.P (V.N.Sinha,J.)