IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44370 of 2008 JITENDRA THAKUR, Son of Sri Ramprit Thakur, Resident of Village- Chauradano, P.S.- Chauradano, District- East Champaran :----- Petitioner. Versus STATE OF BIHAR:----- Opposite Party ----------- For the Petitioner :Mr. Naresh Chandra Verma, Advocate. For the Opposite Party : Mr. Nitya Nand Tiwari, A.P.P. ==== 2. 27.11.2008. Heard learned counsel for the petitioner and the State. Petitioner husband is an accused in a complaint case registered for the offence under Sections 498A and 406 of the Penal Code and Section 4 of the Dowry Prohibition Act. It is submitted on his behalf that notwithstanding the agreement, Annexure-2 he is ready and willing to continue the matrimonial relationship with the complainant and to that effect he shall file a written undertaking on affidavit in the court below. . Let the petitioner file a written undertaking on affidavit to the aforesaid effect in the court below. Once such an affidavit is filed in the court below, petitioner, namely, Jitendra Thakur be released on provisional bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Raxaul, Motihari (East Champaran) in connection with Complaint Case No. C-346 of 2007 and thereafter the complainant be noticed and once she appears, in presence of the court, petitioner should make all sincere efforts for resolution of the matrimonial dispute between him - 2 - and the complainant not only by words of mouth but also by his suitable conduct and gesture. In the event dispute is resolved or the complainant is back to her matrimonial home or she is found to be unreasonable, provisional bail granted to the petitioner be confirmed, failing which court below shall be at liberty to pass appropriate orders in accordance with law considering the reasonableness of the stand of the parties. In the event bail is confirmed on account of unreasonableness of the stand of the complainant then the court below shall ensure grant of proper maintenance to her so that she can maintain a separate residence for her. 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.)