IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46567 of 2009 1. INDRA KANT GIRI son of Kusheshwar Giri 2. Sumitra Devi @ Kumhiya Devi, wife of Indrakant Giri Resident of village- Songar, P. S. Tajpur, District- Samastipur. …. Petitioners. Versus STATE OF BIHAR ----------- 2. 01.2.2010. Heard counsel for the petitioners and counsel for the State. The two petitioners, father-in-law and mother- in-law facing prosecution for offence under Section 498 A of the Indian Penal Code have conveyed through their learned counsel appearing in this case that irrespective of stand of their son, the husband of the victim lady they are prepared to keep her (complainant) with all dignity as their daughter-in-law. Counsel for the petitioners also submits that the husband infact has also the same intention inasmuch as he has also filed a matrimonial case for restitution of conjugal rights on 18.4.2008 i.e. merely three days after filing of the present complaint case. Taking the aforementioned stand of the learned counsel for the petitioners, this court would direct for grant of anticipatory bail to the petitioners provided both the petitioners give a written undertaking to the 2 aforementioned effect before the court below. The petitioners namely Indra Kant Giri and Sumitra Devi @ Kumhiya Devi are accordingly directed to surrender within a period of four weeks from today and the court below after obtaining such undertaking will grant them provisional bail for a period of three months on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, Samastipur in connection with C. R. No. 455 of 2008, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. After expiry of the period of three months the petitioners as also the complainant shall appear in the court below and if the complainant files an affidavit as also convey orally to the concerned court that she was not illtreated in this period by the petitioners, the provisional bail of the petitioners shall be extended for a further period of three months. This exercise however shall be renewed on expiry of a period of every three months for next three years in the manner indicated above and only after a 3 period of three years the provisional bail shall be confirmed. With the aforesaid observations and directions this application is disposed of. kanchan (Mihir Kumar Jha, J.)