IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4705 of 2009 BAIDYANATH BHAGAT, Son of Heera Bhagat, resident of village Chaako Chhapra, P.S. Saraiya O.P. Jaitpur, District-Muzaffarpur. . . . . . Petitioner. Versus STATE OF BIHAR ----------- 3/ 08.06.2009 Heard learned counsel for the petitioner and the State. Petitioner, who is husband of the complainant, is apprehending his arrest in connection with a complaint case registered for the offence under Sections 341, 323, 498(A), 494, 366 (A), 120B, 504/34 of the Penal Code. It is submitted on his behalf that the complainant and the second wife are residing together with the petitioner in the matrimonial home. Let an affidavit to the aforesaid effect be filed by the petitioner in the court below within a period of four weeks from today whereafter petitioner, Baidyanath Bhagat, be admitted to the privilege of provisional bail on furnishing bail bond of Rs. 5,000/- (Rs. five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Complaint case no. C-247 of 2008 dated 22.02.2008 and thereafter notice be issued to the complainant and after her appearance, in presence of the court, petitioner shall persuade the complainant to come back to her matrimonial home not only by words of mouth but also by his suitable conduct and gesture. In the event matrimonial 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 - 2 - 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. Uday/ (V. N. Sinha, J.)