IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1811 of 2009 NOOR MOHAMMAD MIYAN @ NOOR MOHAMMAD, Son of late Nathuni Miya, resident of village – Lakshminia, P.S. – Balua Bazar, District – Supaul. … Petitioner. Versus 1. THR STATE OF BIHAR 2. Tammna Khatoon, W/o Noor Mohammad, D/O Md. Phahim, R/o Laxminia, P.S. Baluwa Bazar, O.P. Lalitgram, District – Supaul. … Opp. Parties. ----------- 04/ 06.07.2009 Heard learned counsel for the petitioner and the State. None appears on behalf of Opposite Party No. 2 although Vakalatnama has been filed on her behalf through Sri Nafisuzzoha, Advocate. Petitioner, who is the husband of Opposite Party No. 2 Tammna Khatoon, is apprehending his arrest in connection with a complaint case registered for the offences under Section 498A and other allied sections of the Penal Code. It is submitted on his behalf that he is ready and willing to continue the matrimonial relationship with the complainant-Opposite Party No. 2and to that effect he shall file a written undertaking on affidavit in the court below within a period of four weeks from today. No sooner the petitioner surrenders in the court below within a period of four weeks from today and files such undertaking on affidavit, he, namely, Noor Mohammad Miyan @ Noor Mohammad be admitted to the privilege of provisional bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Sri S. Kumar, Judicial Magistrate, Ist Class, Supaul in connection with Complaint Case No. 640C of 2006 and thereafter notice be issued to the complainant and in presence of the court, petitioner should persuade the complainant to - 2 - come back to the matrimonial home. In the event dispute is resolved or complainant is back in the matrimonial home or she is found to be unreasonable, provisional bail granted to the petitioner be confirmed, failing which court below shall be at liberty to pass appropriate orders in accordance with law considering the reasonableness of the stand of the parties. This application is, accordingly, disposed of. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. DKS/ (V.N.Sinha, J.)