IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32030 of 2009 MD.TOUHID, son of Sk. Qurban, resident of village- Gayaspur, Tola Hatgaoun, Police Station- Palasi, District- Araria…. Petitioner. Versus 1. STATE OF BIHAR 2. Bibi Pramina w/o Touhid, d/o Sk. Ishaque , r/o Pachaili, P. S. Palasi, District Araria…. Opposite parties. ----------- 5. 11.11.2009 Heard counsel for the petitioner, counsel for the State as also counsel for opposite party no. 2. The petitioner an accused for an offence under Sections 498 A and 379 of the Indian Penal Code seeks bail on several grounds but ultimately by filing supplementary affidavit today, he has confined the same by taking a plea that he has never married any other woman and is ready to keep opposite party no. 2 as his duly wedded wife with all respect and dignity and that he will not give any opportunity hereinafter to the opposite party no. 2 for making a complaint as against his behaviour or the behaviour of his family members. Counsel for opposite party no. 2 who has been served a copy of such supplementary affidavit, on instruction from opposite party no. 2 would submit that this promise of the petitioner needs to be tested and therefore for sometime the activity of the petitioner may 2 be kept under watch of this court. In the facts and circumstances of this case, specially when the petitioner has tried to amend himself and now seeks to restore the relationship with the opposite party no. 2, this court would direct the petitioner namely Md. Touhid to be released on provisional bail for a period of three months on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Araria in connection with Complaint Case No. 1046 C of 2006 in which one of sureties must be furnished by a close family relation of the petitioner. On completion of aforementioned period of three months, the petitioner shall surrender before the court below and his wife, opposite party no. 2 would also appear in the court on the same day whereafter court below will make enquiry from both of them. If the court below finds that opposite party no. 2 was not subjected to any cruel behaviour (not ordinary skirmish) on the part of the petitioner, it would extend the provisional bail again for a period of three months. The same process shall be followed at least for a period of one year by extending the 3 provisional bail of the petitioner at the end of every three month and only when the court below will be satisfied with the conduct of the petitioner in a span of one year and if thereafter the court below finds that the petitioner has acted as per his promise, his provisional bail so granted under the present order shall be confirmed. In the event the provisional bail of the petitioner is not confirmed by court below the petitioner would renew his prayer for bail before this Court. With the aforesaid observation/direction this application is disposed of. kanchan (Mihir Kumar Jha, J.)