IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1996 of 2010 RAMANUGRAH PRASAD, S/O Sri Jairam Prasad, R/O Village-Noni, P.S.Chandradeep, Distt-Jamui. Versus THE STATE OF BIHAR . ----------- 2. 19-01-2010 Heard learned counsel for the petitioner and learned counsel for the State. By order under consideration dated 22.10.2009, learned Additional District & Sessions Judge, Sheikhpura while allowing bail to the petitioner in Bail Application No.47/09 has put certain conditions including a condition by way of direction that the accused-petitioner will keep his wife with love, affection and dignity with himself wherever he resides and an undertaking to this effect should be filed on his behalf for being released on bail. The Court below where the case under Section 498A and other Sections of the IPC and Section ¾ of the Dowry Prohibition Act is pending has also been directed to keep the vigil upon the petitioner that he does not disturb matrimonial harmony between himself and his wife, the informant. It was pointed out that petitioner has admittedly filed a Matrimonial Suit for divorce and there was no - 2 - undertaking on his behalf that he will keep his wife with him and in such circumstances the aforesaid condition will not be in the interest of the parties or in the interest of justice. The aforesaid submission appears to be justified. The efforts for mediation or reconciliation may be made by the concerned court where the Matrimonial Suit is pending but the aforesaid condition imposed for grant of bail is found to be unreasonable and to that extent the order granting bail dated 22.10.2009 is modified. The bail shall be allowed to the petitioner, namely, Ramanugrah Prasad on the basis of other part of the said order in connection with Barbigha (Keuti) PS Case No.213/09 pending in the Court of CJM, Sheikhpura. It goes without saying that if petitioner does not misuse the privilege of bail then bail granted to him for one year shall be confirmed. perwez ( Shiva Kirti Singh, J. )