IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37281 of 2008 JOKHU SAH, S/o- Jhabulal Sah of Vill.- Bairiya, P.S.- Motihari Muffasil, Dist.- East Champaran :---- Petitioner. Versus 1. STATE OF BIHAR, 2. Shrikanti Devi, D/o- Satya Narayan Sah, of Vill.- Lala Chhapra, P.S.- Kesariya, Dist.- East Champaran :----Opposite Parties. ----------- 3. 09.04.2009. Heard learned counsel for the petitioner, State and the counsel for the complainant-Opposite Party No.2. Petitioner, who is the husband of the complainant- Opposite Party No.2, is apprehending his arrest in connection with a case registered for the offence under Section 498A of the Penal Code. It is submitted on his behalf that he is always willing to continue the matrimonial relationship with his wife but she is not willing as she desires that petitioner should reside with her at her parental home. Let the petitioner Jokhu Sah surrender in the court below within a period of four weeks from today and file a written undertaking on affidavit that he is ready to resume the matrimonial relationship with the complainant-Opposite Party at her matrimonial home. In the event such an undertaking on affidavit is filed, petitioner be admitted to the privilege of provisional bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Sadar, Motihari, East Champaran in connection with Complaint Case No. C-975 of 2007/Tr.No. 3566 of 2008 and thereafter notice be issued to the complainant. - 2 - Once she appears, she should be asked to resume the matrimonial relationship with the petitioner at her matrimonial home. If she resumes her matrimonial relationship with the petitioner in her matrimonial home or settles the matrimonial dispute or found to be unreasonable insisting that petitioner should reside in her parental home, provisional bail allowed to the petitioner be confirmed, otherwise the court below shall be at liberty to pass appropriate orders in accordance with law considering the reasonableness of the stand of the parties. This application is, accordingly, disposed of. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. P.K.P (V.N.Sinha,J.)