IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31239 of 2009 SHAUKAT Son of Talim, resident of Village-Pathraha, Police Station-Ghurna, District-Araria. Versus 1.STATE OF BIHAR 2.Sabra Khatoon Wife of Shaukat, daughter of Bhadai, resident of Village-Pathraha, Police Station-Ghurna (Narpatganj), District-Araria. ----------- 3 12/10/2009 Heard Mr. Bikramadeo Singh, learned counsel for the petitioner and counsel for the State. At the out set Mr. Singh would submit that the petitioner is prepared to give all respect to his wife, the complainant Sabra Khatoon the opposite party no. 2 but it is the wife who does not want to live with the petitioner. He further submits that even today if the wife is prepared to restore conjugal life and relationship the petitioner will happily take her in his life, inasmuch as, the petitioner till date has not again married with any other lady. Mr. Singh also assures this Court that if for any valid or justified reason the wife would not like to live with him, he is ready to pay adequate amount of maintenance till opposite party no. 2 remains his legally weded wife. Considering all these submissions of Mr. Singh, this Court would direct for release of the petitioner, namely, Shaukat, 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 Sri A.Kumar, J.M. Ist Class, Araria in Complaint Case No.1327C of 2006 in which one of the bailers must be close family members of the petitioner. 2 After the petitioner is released on provisional bail, the concerned Court shall within 15 days thereafter fix a date for appearance of both the petitioner and the complainant Sabra Khatoon in his Chamber and if the complainant is prepared to go along with the petitioner, the petitioner will take her back to his house and after one month both of them again shall again appear before the same Court and if the Court would find that relationship between the petitioner and his wife has improved, it would extend the provisional bail for another period of three months whereafter they would again appear on a date fixed by the same Court and if the Court would be satisfied that the opposite party no. 2 was being kept in a decent manner by the petitioner he will again extend the period of provisional bail of the petitioner for another term of three months. This exercise of grant of provisional bail for a period of three months at a stretch would be continued by the court below for the period of next three years till the Court is fully satisfied that relationship of the petitioner and his wife has really improved and the opposite party no. 2 has no further grievance against the petitioner and only thereafter the provisional of the petitioner shall be confirmed.. If on the other hand, the complainant opposite party no. 2 for justified reason(s) does not want to live with the petitioner, the Court concerned shall fix monthly amount of maintenance as per earning capacity of the petitioner and status of the parties and the petitioner on giving an undertaking of such 3 monthly payment as also proof of its regular payment shall be entitled for continuance of his provisional bail till the disposal of complaint case of the opposite party no. 2. The Court below shall however be also at liberty to confirm the provisional bail of the petitioner if it is found that an amicable settlement of the matrimonial dispute has been arrived at between the parties. With the above observation/direction this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)