IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31443 of 2008 1. MD.KAISHAR KHAN, Son of Md. Rafique Khan, 2. Md. Rafique Khan, Son of Md. Naubat Khan, 3. Kuresh Begum, wife of Md. Rafique Khan, All resident of Mohalla- Kasaltola, Line Bazar, Purnea, Police Station & District- Purnea :--- Petitioners. Versus 1. STATE OF BIHAR 2. Sabana Parbeen, w/o- Md. Kaisar Khan, D/o- Late Jamil Akhtar, Moh- Excise Barake, Mirchaibari, P.S. & Dist- Katihar :----Opposite Parties. ----------- 6. 01.04.2009. Heard learned counsel for the petitioners and the State. Petitioners, who are the husband, father-in-law and mother-in-law of the complainant respectively are apprehending their arrest in connection with a case registered for the offence under Section 498A of the Penal Code and Section 4 of the Dowry Prohibition Act. Counsel for the petitioners submits that petitioner no.1, who is the husband of the complainant is ready and willing to continue the matrimonial relation with Opposite Party No.2 and to that effect he along with Petitioner Nos. 2 and 3 shall file a written undertaking on affidavit in the court below on 10th of April, 2009. In the event such undertaking on affidavit is filed in the court below on 10th of April, 2009, petitioners, namely, (1). Md. Kaishar Khan, (2). Md. Rafique Khan and (3). Kuresh Begum be admitted to the privilege of provisional bail on furnishing bail bonds of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to - 2 - the satisfaction of Sub-Divisional Judicial Magistrate, Katihar in connection with Complaint Case No. 890 of 2008 and thereafter notice be issued to Opposite Party No.2. Once she appears in the court below, petitioners in presence of the court should persuade Opposite Party No.2 to come back to the matrimonial home not only by words of mouth but also by their suitable conduct and gesture. In the event Opposite Party No.2 is back in her matrimonial home or the matrimonial dispute itself is resolved or she is found to be unreasonable, provisional bail allowed to the petitioners be confirmed, failing which the court below shall be at liberty to pass appropriate orders in accordance with law considering the reasonableness of the stand of the parties. In the event Opposite Party No.2 does not agree for resuming the matrimonial relationship, the court below shall pass appropriate orders in accordance with law confirming the provisional bail allowed to the petitioners. 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. P.K.P. (V.N.Sinha, J.)