IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19011 of 2010 BHARAT BHUSHAN @ BHARAT BHUSHAN SINGH Versus THE STATE OF BIHAR ----------- 05 16.11.2010 Heard learned counsel for the petitioner as well as for the State. Earlier a notice was sent to the victim for reconciliation but in spite of valid service of notice, she did not appear before this court. Petitioner is husband of the victim girl and admittedly, his marriage was solemnized on 11.6.2004 with victim girl, namely, Pinki Kumari At the very outset learned counsel for the petitioner submits that the victim girl is suffering from mental disease and petitioner though has filed divorce suit against her but he is ready to keep her with full honour and dignity. He further submits that it is father of the victim girl who creates hurdle in the married life of the victim. In the aforesaid circumstances, in the event of his arrest or surrender within thirty days from the date of communication of this order, petitioner, namely, Bharat Bhushan Singh @ Bharat Bhushan shall be released on bail provisionally in connection with Complaint Case No. 2861 of 2008 on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur subject to condition as laid down under Section 438(2) of the Cr.P.C. The learned court below shall issue notice to the 2 victim girl as well as petitioner fixing a date for reconciliation. Furthermore, if the aforesaid reconciliation is not succeed on account of non-cooperation of the victim girl then, in that event, the learned court below shall confirm the provisional bail of the petitioner and if the learned court below finds that it is the petitioner who creates hurdle in reconciliation proceeding, in that event, the learned court below shall not to confirm the provisional bail of the petitioner. Furthermore, it is made clear that if petitioner surrenders within the above stated period before the learned court below, the aforesaid reconciliation shall be completed within three months from the date of surrender of the petitioner before the learned court below. Furthermore, it is made clear that if the complainant’s daughter( victim) does not appear before the court below for the aforesaid reconciliation proceeding then, in that event, also the learned court below shall confirm the provisional bail of the petitioner. Shahid ( Hemant Kumar Srivastava, J.)