IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37503 of 2008 MD.SAJID … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Binit Kumar For the State: Shri Dashrath Mehta,APP ----------- 2. 12.11.2008 Having heard learned counsel for the petitioner and learned Additional Public Prosecutor, I am not at all inclined to direct the release of the petitioner under the facts of the case. It was a marriage about two months old and the lady appears kicked out from the matrimonial house. The petition is dismissed. However, the present dismissal order could never be an impediment for the petitioner to file a petition before the lower court seeking reconciliation with his wife and if such a petition is filed, the court below, i.e., Shri Narendra Kumar Tiwary, Judicial Magistrate, Ist Class, Araria, or his successor in office, shall issue a notice to the lady both through Nazarat as also through the Police Station in the jurisdiction of which she is residing. At 2 the same time he shall bring his order issuing notice into the knowledge of the counsel for the complainant also. A date shall be fixed for appearance of the complainant on which date the petitioner shall also be produced from custody and the Presiding Officer shall sit with them in his Chambers and explore the possibility of reconciliation between the parties and if the court is satisfied about the sincerity of the petitioner in making attempt and offering the lady to take back and in case also the lady refuses to go with the petitioner, then he shall issue an order of bail in favour of the petitioner. If the petitioner acts in the manner which could be unreasonable or which could not be sincere then this order shall not stand. Let this order be communicated to the above noted court in Complaint Case No.1195C of 2005 through fax at the cost of the petitioner. Kanth ( Dharnidhar Jha, J.)