IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12828 of 2011 BISHWA MOHAN KUMAR TRIPATHI Versus THE STATE OF BIHAR ----------- 02. 28.04.2011 Petitioner being husband is apprehending his arrest in a complaint case in which cognizance has been taken under Sections 498A/379 and 323/34 of the I.P.C. The accusation is of torture. It is alleged that petitioner has illicit relationship with the wife of his brother. It is submitted by learned counsel for the petitioner the marriage was performed in 1979 and there are several issues. The matter was referred to the mediation centre but it is submitted that the complainant did not accept the offer of the petitioner. Considering the aforesaid facts, let the petitioner namely Bishwa Mohan Kumar Tripathi, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional bail for six months, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Vaishali at Hajipur in connection with Complaint Case No. 742 of 2003, Trial No. 1229 of 2010. 2 Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance of the complainant, the petitioner will take the complainant to her matrimonial house and keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below on substantial restoration of the matrimonial harmony within a period of six months, or if the complainant deliberately refuses to reside with the petitioner. Shageer ( Dinesh Kumar Singh, J)