IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38810 of 2008 RAJEEV KUMAR, Son of Ram Binod Sharma, Resident of Mohalla- Nutan Nagar Beldari Tola, P.S.-Civil Lines, District- Gaya :-------Petitioner. Versus 1. STATE OF BIHAR 2. Anjali Kumari, W/o- Rajeev Kumar, R/o- Mohalla- Nutan Nagar Beldari Tola, P.S.- Civil lines, District- Gaya, present R/O-: Mohalla Lakhibaji, Manpur, P.S.- Muffarul, Distt- Gaya-------Opposite Parties. ----------- For the petitioner :Mr. Shivendra Prasad, Advocate. For the Opposite Party : Mr. Nitya Nand Tiwari, A.P.P. ====== 3. 17.11.2008. Heard learned counsel for the petitioner, State and the informant. Petitioner, who is the husband of the informant is an accused in a case registered for the offence under Section 498A of the Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. It is submitted on his behalf that notwithstanding the First Information Report he is ready and willing to continue the matrimonial relationship with the informant but he cannot maintain a separate residence for her as he is an unemployed person. The informant is always welcome in the matrimonial home which is supported from the income of his father and mother. Let the petitioner file a written undertaking to the aforesaid effect in the court below and no sooner he does so, he, namely, Rajeev Kumar shall be admitted to the privilege of provisional bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Gaya in connection with Civil Lines P.S.Case No. 318 of 2006 and thereafter the - 2 - informant should be noticed and in presence of the court, petitioner shall make all possible efforts for resolution of the matrimonial dispute between him and the informant 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. It goes without saying that reasonableness of the stand of the parties must be considered in the light of the fact that petitioner is an unemployed person. 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.)