IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5298 of 2010 WAKIL MAHTO Versus THE STATE OF BIHAR ------------ 02. 10.05.2010 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Complaint Case No. 236C of 2009 in which cognizance has been taken under Section 498A, 494 of the I.P.C. and ¾ of the Dowry Prohibition Act. The petitioner undertakes to take the complainant and keep her as wife with full dignity and honour. Petitioner has further drawn my attention to para 6 of the present application in which he has stated that he has no relation with his Bhabi and it is only the suspicion of the complainant. From perusal of the para 4 of the impugned order, it appears that the wife has refused to go with the husband on the ground that the petitioner has married with Pratima Devi which has been refuted by the learned counsel for the petitioner. Let learned S.D.J.M., Jamui, get served notice to the complainant through her lawyer in the complaint case for appearance of complainant in the Court on a specified date and on such date fixed, the petitioner will also appear - 2 - and file an affidavit that he has neither relation with Pratima Devi nor he has married with the said lady and that he will keep the complainant as wife with full dignity and honour. In the circumstances stated above, let the petitioner namely Wakil Mahto, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be enlarged on provisional bail for six months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Jamui in connection with Complaint Case No. 236C of 2009. Provisional bail will be confirmed on or before expiry of six months by the learned S.D.J.M. if the harmony is restored between the parties or if the complainant wife in the circumstances mentioned above fails to reside with the husband. Shageer (Dinesh Kumar Singh, J)