IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12239 of 2011 BRAJENDRA KUMAR TRIPATHY @ BABLU TRIPATHY Versus THE STATE OF BIHAR & ORS ----------- 02. 02.05.2011 Heard learned counsels for the petitioner, complainant and the State. Petitioner being husband is apprehending his arrest in a complaint case in which cognizance has been taken under Sections 323, 307, 406, 420, 498A, 504/34 of the I.P.C. It appears that considering the stand of both sides that they wanted to reconcile the matrimonial relationship, petitioner was granted anticipatory bail on 11.08.2010 but subsequently the wife complained about ill treatment resulting into cancellation of the bail bond of the petitioner. Petitioner is still ready to keep the complainant as wife with full dignity and honour and has filed a restitution case also subsequent to filing of the present complaint. Learned counsel for the complainant submits that after taking interim anticipatory bail the petitioner ill treated the complainant which is being denied by the petitioner and petitioner wants to take a further chance for reconciliation. 2 It appears that in pursuance to the order dated 11.08.2010, passed by learned Sessions Judge, the petitioner surrendered and executed the bail bond, hence his second anticipatory bail is not maintainable in view of the principle laid down in the case of Bishundeo Sahu and Ors versus The State of Bihar and Ors reported in 2011(1) PLJR 731. However, considering the stand of the husband, let learned Court below release the petitioner on provisional regular bail for six months, if the petitioner surrenders within a period of four weeks in connection with Complaint Case No. 860 of 2009, pending in the Court of learned S.D.J.M., Saran at Chapra. Let petitioner and complainant appear before learned Court below on 6th of June, 2011, when the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional regular bail will be confirmed on substantial restoration of matrimonial harmony between the parties, or if the complainant refuses to reside with the petitioner. Let the order of this Court be transmitted through FAX to the learned Court below at the cost of 3 the petitioner. Shageer ( Dinesh Kumar Singh, J)