IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7612 of 2009 DILIP SAFI son of Rajendra Safi Resident of village Mahinathpur, P.S.Bhairavsthan District- Madhubani …………………. Petitioner Versus 1. STATE OF BIHAR 2. Pinki Devi W/o-Dilip Safi daughter of Puran Safi resident of village Sarbsima P.S. Bhairavsthan District-Madhubani ……………….. Opposite Parties ----------- 3 15.05.2009 Heard counsel for the petitioner and counsel for the State. Counsel for the petitioner, while seeking anticipatory bail in an offence punishable under Sections 498(A) and other allied sections of the Indian Penal Code alleged against the petitioner-husband, would submit that the husband-petitioner is ready to restore the relationship with his wife, opposite party No.2. Recording such submission of the counsel for the petitioner, this Court would direct the Court below to initially grant provisional bail for a period of eight weeks to the petitioner namely, Dilip Safi in the event of his surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand ) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial 2 Magistrate, Jhanjharpur District-Madhubani in connection with C.R. No. 520 of 2008 corresponding to T.R. No. 2526 of 2008, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. The Court below will in this period of eight weeks would seek personal appearance of the complainant and if the court below after hearing the complainant would find that she for her own reasons is adamant in not restoring her conjugal relationship with the petitioner the Court will confirm the bail of the petitioner. On the other hand, if the Court below will find that it is the petitioner who had made a mere pretence of restoring conjugal relationship with the complainant only for being granted bail or even otherwise is prima- facie responsible for break up of such relationship, it would cancel the provisional bail granted to the petitioner and take him into custody. The petitioner thereafter may make prayer for grant of regular bail. With the aforesaid observations and directions this application is disposed of. Bibhash (Mihir Kumar Jha, J.)