IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8583 of 2009 1. KISHORI MOHAN SANDWAR SON OF LATE RAM BHAJAN LAL 2. INDU DEVI WIFE OF KISHORI MOHAN SANDWAR. ALL ARE RESIDENT OF MOHALLA JAI PRAKASH NAGAR, GEWAL BIGHA, P.S. CIVIL LINES, DISTRICT GAYA. Versus STATE OF BIHAR With Cr.Misc. No.13049 of 2009 KANCHAN KUMAR LAL @ KANCHAN KUMAR SINHA SON OF KISHORI MOHAN SANDWAR, RESIDENT OF MOHALLA JAI PRAKASH NAGAR, GEWAL BIGHA, P.S. CIVIL LINES, DISTRICT GAYA. Versus STATE OF BIHAR ----------- 2/ 10-06-2009 Heard learned counsel for the petitioners and the State as also the counsel for the complainant. Petitioners are in-laws and the husband of the complainant. They are apprehending their arrest in a case registered for the offence under section 498A of the Penal Code and 4 of Dowry Prohibition Act. It is submitted on their behalf that they are ready and willing to continue the matrimonial relationship with the complainant and for that purpose they shall file a written undertaking in the court below on 22.06.2009 on affidavit when the complainant shall remain present in the court below and thereafter the court below shall fix a date for her medical examination by a competent doctor to verify whether the complainant is suffering from epilepsy. After receipt of the report of the medical examination, the petitioner Kanchan Kumar Lal @ - 2 - Kanchan Kumar Sinha shall reside at his matrimonial house so as to ensure proper treatment, if any, required by the complainant. In the event complainant is not suffering from epilepsy then the petitioner Kanchan Kumar Lal @ Kanchan Kumar Sinha shall take her to her matrimonial home to continue matrimonial relationship. No sooner the petitioners, namely, Kishori Mohan Sandwar, Indu Devi and Kanchan Kumar Lal @ Kanchan Kumar Sinha surrender in the court below within a period of four weeks from today and file such undertaking on affidavit, they be admitted to the privilege of provisional bail on furnishing bail bond of Rs. 5,000/- each with two sureties of the like amount each to the satisfaction of S.D.J.M., Gaya in Complaint Case No. 545 of 2008, Tr. No. 1596 of 2008. The provisional bail shall be monitored by the court below until such time the court below is satisfied that the matrimonial peace prevails between the parties and thereafter confirmed. 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. BTiwary/ ( V. N. Sinha, J )