IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1020 of 2010 SUDHIR KR.@ SUDHIR KUMAR, SON OF SRI BINDESHWAR SINGH, RESIDENT OF VILLAGE AMAUR, POST BARA, P.S. FATEHPUR, DISTRICT GAYA. ---- PETITIONER Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 2 11.3.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner is apprehending her arrest in a case under Section 498A of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner who is the husband is ready to keep his wife however, it appears from the case diary that the victim Sevi Devi is mentally depressed and not in a position to give her statement. Considering the circumstances, petitioner may surrender in the Court below and the Court below will grant him (Sudhir Kr. @ Sudhir Kumar) provisional bail in connection with Khizersarai P.S. Case No. 79 of 2007 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya and issue notice to Sevi Devi to appear in 2 Court. If the Court finds that Sevi Devi is not willing to live with her husband, the Court should try to resolve the differences between them. If it is found that the lady is in depression then the Court below may consider the desirability of confirming the provisional bail granted to the petitioner. A copy of this order may be sent by FAX to the Court of the Chief Judicial Magistrate, Gaya at the cost of the petitioner. Sanjay ( Sheema Ali Khan, J.)