IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13086 of 2009 SURESH MAHTO @ SURESH PRASAD, SON OF BHOLA MAHTO, RESIDENT OF VILLAGE ROSHARA, P.S. MAHARAJGANJ, DISTRICT SIWAN---PETITIONER. Versus THE STATE OF BIHAR----OPP. PARTY. ----------- 02. 28.08.2009 Heard learned counsel for the petitioner and the State. Petitioner husband is apprehending his arrest in connection with a case registered for the offence under Sections 494 and 498A of the Penal Code and Sections ¾ of the Dowry Prohibition Act. It is submitted on his behalf that the allegation that he has married for second time and offence under Section 494 I.P.C. is made out is absolutely false as he has not married any other woman except the complainant Smt. Basanti Devi. It is further submitted that he is ready and willing to continue the matrimonial relationship with the complainant, Basanti Devi and for that purpose he shall file written undertaking on affidavit in the court below within four weeks from the date of receipt of this order in the court below in which he will again make statement that he has not married any other woman except the complainant, Basanti Devi. Once such undertaking on affidavit is filed petitioner above named be admitted to the privilege of provisional bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Complaint Case No. 397 of 2008, thereafter notice be issued to the complainant and once she appears in presence of the court petitioner should persuade her to come back to the matrimonial - 2 - fold not only by words of mouth but also by his suitable conduct and gesture. In the event, matrimonial dispute is resolved or the complainant comes back to the matrimonial fold 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.)