IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21759 of 2009 MD.RAFIQUE Son of Karimuddin, resident of village – Bakhotoli, P.S. Pathamari (Thakurganj), District – Kishanganj. …. Petitioner. Versus 1. THE STATE OF BIHAR. 2. Ajmira Khatoon Wife of Md. Rafique, resident of village – Bakhoti, P.S. Pathamari, District – Kishanganj. ----------- 04/ 17.12.2009 Heard counsel for the petitioner and counsel appearing for O.P. No. 2. Earlier this matter was withdrawn giving opportunity to the petitioner and O.P. No.2 to settle their dispute out side the court. Today supplementary affidavit has been filed on behalf of the petitioner stating that he made effort to bring his wife but she is not ready to come with him. Counsel representing the O.P. No. 2, on the other hand, states that petitioner never made any attempt to bring her to matrimonial home, though she is ready to go and live with her husband. Considering these facts, petitioner Md. Rafique is granted provisional anticipatory bail in connection with Thakurganj (Pathamari) P.S. Case No. 27 of 2009 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of - 2 - Chief Judicial Magistrate, Kishanganj, in case of his appearance before the Court concerned within four weeks from today. The Chief Judicial Magistrate, Kishanganj will grant provisional bail to the petitioner and fix a date on which petitioner and O.P. No. 2 will appear. In case both the parties are agreeable, the Chief Judicial Magistrate will provide them to go with each other. Again after one month, in case, it is found that petitioner is keeping his wife properly, the provisional bail granted to the petitioner shall be confirmed or otherwise it should not be confirmed. DKS/ (Mridula Mishra, J.)