IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46196 of 2009 Bishwanath Prasad @ Bishwanath Prasad Malakar @ Bishu, son of Kedar Nath Prasad Malakar, permanent resident of village Sakurabad, P.S. Sakurabad, District Jehanabad, and at present resident of Birmitrapur, near Railway Station,P.S. Birmitrapur, District Sundergarh (Orissa) Versus 1. The State Of Bihar 2. Niru Devi, wife of Bishwanath Prasad Malakar @ Vishnu, permanent resident of Birmitrapur, P.S. Birmitrapur, District Sundargarh (Orissa), at present resident of Tilha Dharmashala, Paschimi Gata, P.S. Civil Lines, District Gaya 02/ 26.02.2010 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 323, 498(A), 504 and 307 of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act. It is submitted on behalf of the petitioner that 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 within four weeks from the date of receipt of this order in the court below. No sooner the aforesaid written undertaking is filed, petitioner, Bishwanath Prasad @ Bishwanath Prasad Malakar @ Bishu be released on provisional bail on furnishing bail bond of Rs. 5,000/- ( Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Gaya in connection with Complaint Case No. 1095 of 2008, Trial No. 1691 of 2008, subject to the conditions as laid down under Section 438(2) Cr.P.C. and thereafter the complainant should be noticed and once she appears, in presence of the court, petitioner should persuade her to come back to - 2 - the matrimonial home. In the event, complainant comes back to the matrimonial home or matrimonial dispute is resolved or she is found to be unreasonable, provisional bail allowed to the petitioner be confirmed, 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. Arjun/ (V.N. Sinha, J.)