IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35294 of 2010 KAUSHAL KISHORE Versus STATE OF BIHAR ----------- 02/ 11.10.2010 Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing for the State and Mr. Manoj Kumar Jha, learned counsel appearing on behalf of the informant. The petitioner is in custody in connection with Bahadurpur P.S. Case No. 22 of 2010 for offence punishable under Sections 498(A) of the Indian Penal Code. The substance of allegation as set out in the F.I.R. alleges physical torture and mental harassment of the informant at the hands of the petitioner by reason of his having an extra marital relationship with the co-employee. Learned counsel for the petitioner submits that the allegation is not correct and is a figment of imagination of the informant. Learned counsel further submits that despite the present position, the petitioner is ready to restore the dignity of the informant and to keep her with due care. He submits that keeping the petitioner in incarceration where he has remained since about six months is not going to resolve the issue. Learned counsel for the informant opposes the prayer made in the application and submits that considering the submission of learned counsel for the petitioner, the petitioner 2 may be granted provisional bail to be confirmed only after considering his conduct and honouring the commitment made before this Court. Having regard to the circumstances and the rival submission of learned counsel, I am of the opinion that no purpose would be served in keeping the petitioner in incarceration, let the petitioner Kaushal Kishore be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Bahadurpur P.S. Case No. 22 of 2010. In view of the undertaking given by the petitioner before this Court, the parties would present themselves before the learned court below in seisin of the matter on 01.11.2010 and from where they shall proceed together for their matrimonial home. Learned court below would also be well advised to take all possible steps and make efforts that the matter is resolved amicably between the contesting parties. S.Sb/- (Jyoti Saran, J.)