IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52275 of 2008 RAJESH SAW, son of Ramashish Saw, village Dharamarai Chak, Bishahari Asthan, Ward No. 5, Purnea, PS & Dist. Lakhisarai.. Petititoner. Versus 1. The State of Bihar, 2. Sanjay Kumar, son of Late Sukhdeo Saw, 3. Minta Devi, wife of Rajesh Saw, daughter of Late Sukhdeo Saw, village Ghat Kusumbha, PS Korma, Dist.Sheikhpura.. Opp. Parites. ----------- 2 5.2.2009 No body appears on behalf of the petitioner. This is the second anticipatory bail petition filed on behalf of the petitioner. Earlier the petitioner had filed Cr. Misc. No. 20232 of 2008 which was dismissed on 29.5.2008. There is no fresh ground made out by the petitioner except to show that after filing the anticipatory bail, the petitioner approached his wife and she is said to have orally told him that she would be willing to live with the petitioner if the court so orders. In the circumstances I direct that the petitioner should appear before the Sub-divisional Judicial Magistrate, Lakhisarai who shall issue notice to opposite party no.3 to appear in the case and try to reconcile the matter between them. In case the petitioner files an application along with an affidavit or petition sworn by the informant that she is willing to live with her husband, then the court should not take the petitioner into custody till the disposal of the case. This application is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.) 2