IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10522 of 2009 1. GITA DEVI, W/o- Bhrigunath Singh. 2. Prakash Kumar Singh @ Prakash Singh, Son of Bhrigunath Singh, 3. Anju Kumar @ Anju Singh, D/o- Bhrigunath Singh All resident of Gaura, P.S.- Andhar, Dist- Siwan :---- Petitioners. Versus STATE OF BIHAR:------Opposite Party -with- Cr.Misc. No.22814 of 2009 ARVIND SINGH @ ARVIND KUMAR SINGH, Son of Bhrigunath Singh, Resident of Gaura, P.S.- Andhar, Dist- Siwan :--- Petitioner. Versus STATE OF BIHAR:------Opposite Party ----------- 07. 07.07.2009 Heard. Petitioner Arvind Singh @ Arvind Kumar Singh, in Cr. Misc. No. 22814 of 2009, is the husband and petitioners in Cr.Misc. No. 10522 of 2009 are his close relatives. They all are apprehending their arrest in connection with a case registered for the offences under Sections 498A and 365/34 of the Penal Code and Sections 3 and 4 of the Dowry Prohibition Act by Bipin Singh, who is the father-in-law of petitioner Arvind Singh @ Arvind Kumar Singh as he married his daughter Swati Kumari on 26.04.2007. It is submitted on behalf of the petitioners that soon after the marriage Swati Kumari attempted to denounce the matrimonial home on 27.08.2007 but on the intervention of the police she was retrieved. Again she became traceless on 28.08.2007 whereafter such report was registered with the police which is contained in Annexure-3. Having registered the report about the tracelessness of Swati Kumari steps were taken to recover her by pasting her photograph at various places including publishing the same in newspaper but she has not yet been recovered. Within one month of the lodging of the report about Swati kumari having become traceless the present case has been lodged on 29.09.2007. It is submitted on behalf of the petitioners that till date Swati Kumari has not been traced but petitioners forgetting the past - 2 - are still ready and willing to resume the matrimonial ties with Swati Kumari provided she comes back and resides with them at their residence. Let the petitioners, namely, (1). Gita Devi, (2). Prakash Kumar Singh @ Prakash Singh, (3). Anju Kumari @ Anju Singh and Arvind Singh @ Arvind Kumar Singh surrender in the court below within a period of four weeks from today and file an affidavit to the aforesaid effect whereafter they be admitted to the privilege of provisional bail on furnishing bail bonds of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Siwan in connection with Andhar P.S.Case No. 63 of 2007 and notice be issued to Swati Kumari as also to her father Bipin Singh to produce Swati kumar. After Swati Kumari is produced in the court below, attempt should be made by the petitioners in presence of the court to reconcile the matrimonial dispute. In the event matrimonial dispute is resolved or Swati Kumari is back in the matrimonial home or she is found to be unreasonable, provisional bail allowed to the petitioners be confirmed, failing which 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 petitioners. P.K.P. (V.N.Sinha, J.)