IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10993 of 2009 1. Suresh Mandal, son of Tuntun Mandal 2. Bhawani Devi, wife of Suresh Mandal 3. Manoj Mandal, son of Suresh Mandal 4. Sarita Devi, wife of Manoj Mandal 5. Binod Mandal, son of Suresh Mandal, all residents of village Bela Bagrauli, Police Station Bihra, District Sasharsa Versus STATE OF BIHAR ----------- 05/ 25.08.2009 Let Binod Mandal, the husband of Raj Kumari Devi, the complainant be impleaded as petitioner no.5 in this application and vakalatnama filed on his behalf be taken on record. Heard learned counsel for the petitioners and the State. Petitioner nos. 2 to 5 are apprehending their arrest in connection with a case registered for the offence under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. It is submitted on behalf of the petitioners that in furtherance of the prayer made in the application filed for restitution of conjugal rights of petitioner no.5 with the complainant, petitioners shall file written undertaking on affidavit within four weeks from the date of receipt of this order in the court below indicating that they are ready and willing to continue the matrimonial ties with the complainant. No sooner the aforesaid affidavit is filed in the court below, petitioner nos. 2 to 5 be admitted to the privilege of 2 provisional bail on furnishing bail bonds of Rs. 5,000/- (Rs. Five thousand only) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Saharsa in connection with Complaint Case No. 645-C of 2008, subject to the conditions, as laid down under Section 438(2) Cr.P.C. and thereafter notice be issued to the Raj Kumari Devi, the complainant and once she appears, petitioners in presence of the court should persuade her to come back to the matrimonial home. In the event complainant comes back to the matrimonial home or the matrimonial dispute is resolved or she is found to be unreasonable, provisional bail allowed to the petitioners be confirmed, otherwise the court below shall be at liberty to pass appropriate orders in accordance with law considering the reasonableness of the stand of the parties. During the pendency of this application petitioner no.1 has been arrested and remanded to jail custody, but as he is to also join the affidavit, which is to be filed by petitioner nos. 2 to 5, he should also be released on bail. This application is, accordingly, disposed of. Let this order be communicated to the court below through fax on payment of usual charges by the petitioners. Arjun/ ( V.N. Sinha, J.)