IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1828 of 2010 MD. SALIM son of Md. Kalam, resident of village- Desri, Police Station Vibhtipur, District- Samastipur…… Petitioner. Versus 1. STATE OF BIHAR 2. Kausar Bano d/o Md. Ashiqui, resident of Mohalla Samapura- Rajabazar, P. S. Shashtrinagar District Patna. … Opposite parties. ----------- 3. 22.04.2010 Heard learned counsel for the parties. Pursuant to the earlier order of this Court, the opposite party no. 2 has appeared in person and submits that she is ready to live with her husband, the petitioner of this case. She has however expressed her apprehension that she may again be subjected to same type of torture by the husband petitioner and his family members for which she had filed the connected complaint case. Learned counsel for the petitioner on instruction from the husband petitioner on the other hands submits that the petitioner undertakes to keep the opposite party no. 2, wife with all dignity and well within his means. Counsel however clarifies that the petitioner is not in a position to fulfil the cherished desire of opposite party no. 2 to live separately in a separate house as he can only keep his wife, opposite party no. 2 in the same house in which other family members are residing. 2 Counsel for opposite party no. 2 on instruction from opposite party no. 2 who as noted above is herself present, would submit that opposite party no. 2 has no reservation in being together with the petitioner in the same house where he is residing with his other family members. Counsel for the petitioner in this background assures this Court that the petitioner within one week of his being granted provisional bail shall personally go to the house of the opposite party no. 2 and take her to his house for keeping her as his wife with all dignity to which any house wife is entitled under ordinary circumstances in a middle class family. That being so, this court is satisfied that for the time being the petitioner has shown his real willingness to restore the relationship and would find the petitioner facing allegation for offence under Sections 498(A) and 323 of the Indian Penal Code entitled for grant of provisional bail for a period of three months. Accordingly, it is directed that in the event the petitioner namely Md. Salim would surrender within a period of four weeks from today with a written 3 undertaking for restoring her conjugal relationship with opposite party no. 2 in the light of the observations made in this order he will be released on provisional bail for initially a period of three months on his 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., Danapur in connection with Complaint Case No. 1097(C) of 2008, subject to the condition as laid down under Section 438(2) Cr.P.C. It is, however, made clear that one of the bailors must be a close family member of the petitioner. Upon completion of period of three months the petitioner and his wife, opposite party no. 2 shall appear before the court of SDJM, Danapur and if the court after making enquiry from opposite party no. 2 would be satisfied that opposite party no. 2 was kept in a dignified manner by the petitioner in his house, he would extend the provisional bail of the petitioner for a period of another three months. The same exercise will be done by the court of S.D.J.M,, Danapur on expiry of every three months by extending provisional bail of the petitioner for atleast next two years and only when he would find that the opposite party no. 2 the wife has been living peacefully with dignity 4 with the petitioner that he would confirm the provisional bail of the petitioner. Needless to say, if the SDJM, Danapur would find the conduct of the petitioner to be totally reprehensible, he would also have a liberty to not extend or even cancel the provisional bail and in that event the petitioner would be taken into custody whereafter he may make prayer for his regular bail. With the aforementioned observation and direction, this application is disposed of. Kanchan (Mihir Kumar Jha, J.)