IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10940 of 2011 AVINASH KUMAR, S/O Rajo Sao Versus THE STATE OF BIHAR ----------- 2. 15.04.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. The petitioner is languishing in Jail custody since 25.01.2011 in connection with Complaint Case No.36(C)/2010 for the offences punishable under sections 493,498A, 406 & 420 of the Indian Penal Code and section 3/4 of Dowry Prohibition Act. The contention of learned counsel for the petitioner is that the petitioner was kidnapped by the family members of the complainant much prior to filing of the above said complaint case and for the aforesaid kidnapping, the father of the petitioner filed complaint case bearing complaint case no.392(C)/09 against the family members of the complainant . It is also contended that at the relevant time petitioner was minor so even if the prosecution story assumes to be true, then also the so called marriage is not legal. On the other hand, learned counsel appearing for the complainant submits that there is specific allegation against the petitioner that he established physical relationship with complainant on assurance of marriage and subsequently he solemnized his marriage with the complainant but complainant was subjected to cruelty and harassment by the petitioner as well 2 as his other family members. Considering the above submissions as well as facts and circumstances of the case, petitioner is directed to be released on provisional bail for the period of three months from the date of receipt of this order to the concerned court on execution of bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Lakhisarai in connection with Complaint Case No.36(C)/2010. It is made clear that after release of the petitioner from jail custody, the learned Sub Divisional Judicial Magistrate, Lakhisarai shall fix a date for reconciliation issuing notice to the complainant as well as petitioner and shall take all effective steps to settle the dispute of the parties. Furthermore, it is made clear that if learned Sub Division Judicial Magistrate, Lakhisarai succeeds in his attempt of reconciliation, he shall pass an order confirming the provisional bail granted to the petitioner. It is needless to say that if he fails in his attempt of reconciliation on account of rigid approach of the petitioner, he shall not confirm the order of the provisional bail of the petitioner. Nitesh ( Hemant Kumar Srivastava, J.)