IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35778 of 2010 MD.SAIYED Versus STATE OF BIHAR ----------- 2 18.11.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is husband of the complainant and admittedly, the marriage of petitioner was taken place in the year 2004. It appears from perusal of recital of the complaint petition that after sometime the relation of the petitioner with complainant became strained and allegedly petitioner started demanding illegal money from complainant and subsequently on 30-8-2008 complainant was ousted from her matrimonial home. The contention of learned counsel for the petitioner is that petitioner is still ready to keep the complainant with full honour and dignity, but it is complainant who does not want to lead her conjugal life with the petitioner. He also points out that on one occasion petitioner had gone to the parent’s house of the complainant for taking Bidai but he was assaulted by the complainant and her other family members for which petitioner gave a Sanha to the concerned police station. Since the petitioner is ready to keep the complainant with him with full honour and dignity, I think it proper to extend the privilege of anticipatory bail to petitioner provisionally for three months. Accordingly, it is ordered that petitioner, namely, Md. Saiyed in the event of his arrest / surrender within 30 days 2 from receipt of the order in connection with Complaint Case No.1966C of 2008, shall be released on bail provisionally for three months on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Begusarai, subject to conditions as laid down under Section 438(2) of the Cr.P.C. On being so surrendered the learned court below shall issue a notice to the complainant as well as petitioner fixing a date for reconciliation and furthermore, the learned court below shall take effective steps for sorting out the dispute of the parties and if the aforesaid attempt of the learned court below is not materialized on account of rigid and non-cooperative approach of the petitioner, the learned court below will not confirm the provisional bail of the petitioner. It is needless to say that if learned court below succeeds in his attempt or feels difficulty in his attempt on account of rigid and non-cooperative approach of the complainant, in that circumstance, the provisional bail of the petitioner must be confirmed by the learned court below itself. The above stated entire exercise shall be completed by the learned court below within two months from the date of surrender of the petitioner before his court. PN/- ( Hemant Kumar Srivastava,J.)