IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42890 of 2008 SURENDRA KUMAR, SON OF SRI BAIJNATH RAM, R/V GHUTIA, P.S. MALI, DISTRICT AURANGABAD------------PETITIONER. Versus THE STATE OF BIHAR-------------OPPOSITE PARTY ----------- 04. 17.04.2009. Heard learned counsel for the petitioner and the State. 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. It is submitted on his behalf that he is ready and willing to resume the matrimonial relationship with his wife Anita Devi and for that purpose he shall appear in the court below on 5.5.2009 and file written undertaking on affidavit to that effect. Once such affidavit is filed petitioner, namely, Surendra Kumar 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, Aurangabad in connection with Complaint Case No. 1186 of 2007, Tr. No. 1762 of 2008 and thereafter petitioner should take his wife to her matrimonial home, for which she is agreeable and such fact has been confirmed by her counsel Shri Akhilesh Kumar Sinha. Let the petitioner resume his matrimonial life with his wife, Anita Devi and the provisional bail be continued until such time the court below is satisfied that matrimonial peace prevails in the family and once the court below is satisfied, provisional bail granted to the petitioner be confirmed otherwise the court below shall be at liberty to pass appropriate orders in accordance with law considering the - 2 - reasonableness of the stand of the parties. It is, however, made clear that if for any reason Anita Devi is not taken to her matrimonial home on 5.5.2009 by the petitioner then the court below shall ensure payment of maintenance amount in terms of the order dated 11.9.2008 passed by the Principal Judge, Aurangabad in M.A. Case No. 71 of 2007. 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. Rajesh/ (V.N.Sinha, J)