IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47701 of 2008 1. Law Jaishwal. 2. Prem Chandra Jaishwal @ Prem Sah, both sons of late Mahabir Jaishwal. 3. Lilawati Devi wife of Prem Chandra Jaishwal, all residents of Village- Amiratha, P.S. Kudra, District- Kaimur at Bhabua………………………………………..Petitioners. Versus The State of Bihar……………………………..Opposite Party. ----------- 3. 01.05.2009. Petitioners are apprehending their arrest in connection with a complaint case which was registered for the offences under Sections 498(A), 406 of the Penal Code and Section 4 of the Dowry Prohibition Act. It is submitted on their behalf that they are always ready and willing to continue the matrimonial relationship with the complainant, Rita Devi but she is not willing to resume the matrimonial ties and she made such statement before the Principal Judge, Bhabua. Even then the petitioners wish to resume the matrimonial relationship with her and they shall file written undertaking to that effect in the court below. Let the petitioners file affidavit to the aforesaid effect in the court below within four weeks from today, whereafter they ( Law Jaishwal, Prem Chandra Jaishwal @ Prem Sah and Lilawati Devi) be admitted to privilege of provisional bail on furnishing bail bonds of Rs.5,000/-(Five Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua in connection with Complaint Case No. 29 of 2008, Trial No. 1642 of 2008 and the complainant Rita Devi be noticed to appear in the matter and once she appears, petitioners should again persuade - 2 - Rita Devi to come back to her matrimonial fold. In the event the complainant comes back to the matrimonial home or the matrimonial dispute itself is resolved or she is found to be unreasonable, the provisional bail granted to the aforesaid petitioners be confirmed in accordance with law but while passing the said order the court below should give credence to the statement of Rita Devi recorded before the Principal Judge, Kaimur at Bhabua, as also before the learned Magistrate. Let the order be communicated to the Chief Judicial Magistrate, Kaimur at Bhabua in connection with Complaint Case No. 29 of 2008, Trial No. 1642 of 2008 through fax on payment of usual charges by the petitioners. U.K. (V.N.Sinha,J)