IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30661 of 2008 SANJAY SINGH, SON OF SURITH KUAR, R/V LAXMIPUR, P.O.SINHA, P.S. KRISHNA GARH, SINHA(O.P.) DISTRICT BHOJPUR-------PETITIONER. Versus 1. THE STATE OF BIHAR 2. PINKI SINGH, WIFE OF SANJAY SINGH OF VILLAGE LAXMIPUR, P.S. KRISHNA GARH(SINHA O.P.), DISTRICT BHOJPUR, AT PRESENT RESIDING AT C/O JANARDAN SINGH, VILLAGE BALUA, P.O. BELAGHAT, P.S. ARA(MUFASSIL), DISTRICT BHOJPUR ------------OPPOSITE PARTIES. ----------- 08. 28.04.2009. Heard learned counsel for the petitioner. None appears for opposite party no.2, although she has been served with the notice of these proceedings. Petitioner husband is apprehending his arrest in connection with a case registered for the offence under Section 498A and other allied Sections of the Penal Code. It is submitted on his behalf that he shall file a written undertaking on affidavit in the court below that he is ready and willing to take back the informant and resume matrimonial ties with her. Let the petitioner surrender in the court below within four weeks from today and file such affidavit. No sooner such affidavit is filed, petitioner, namely, Sanjay Singh 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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Barhara(Sinha) P.S. Case No. 212 of 2007 and thereafter notice be issued to the informant and once she appears in presence of the court petitioner should persuade her to come back in the matrimonial fold not only by - 2 - words of mouth but also with his suitable conduct and gesture and resume the matrimonial ties. In the event matrimonial dispute is resolved or the informant is back in the matrimonial home or she is found to be unreasonable, provisional bail allowed to the petitioner be confirmed, failing which the court below shall 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. Rajesh/ (V.N.Sinha, J.)