IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16894 of 2009 EKRAM KHAN, son of Wakil Khan, resident of Village-Musurpur, Police Station-Durgawati, District-Kaimur at Bhabua ….………………… Petitioner Versus STATE OF BIHAR ………………………. Opposite Party ----------- 2 15.05.2009 Heard counsel for the petitioner and counsel for the State. The petitioner, husband facing allegation punishable under Sections 498(A) of the Indian Penal Code had already filed a matrimonial case seeking restitution of conjugal life on 29.11.2007 whereas the present complaint case came to be filed on 26.2.2008. Counsel for the petitioner in fact on instruction would also submit that the petitioner still has no ill intention and petitioner would like to restore the relationship with the complainant provided, she would like to come back in the life of the petitioner. Recording such submission of the counsel for the petitioner, this Court would direct the Court below to initially grant provisional bail for a period of eight weeks to the petitioner namely, Ekram Khan in the event of his 2 surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand ) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Kaimur at Bhabhua in connection with Complaint Case No. 216 of 2008, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. The below will in this period of eight weeks would seek personal appearance of the complainant and if the court below after hearing the complainant would find that she for her own reasons is adamant in not restoring her conjugal relationship with the petitioner the Court will confirm the bail of the petitioner. On the other hand, if the Court below will find that it is the petitioner who had made a mere pretence of restoring conjugal relationship with the complainant only for being granted bail or even otherwise is prima- facie responsible for break up of such relationship, it would cancel the provisional bail granted to the petitioner and take him into custody. The petitioner thereafter may make prayer for grant of regular bail. 3 With the aforesaid observations and directions this application is disposed of. Bibhash (Mihir Kumar Jha, J.)