IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33086 of 2009 CHOUDHARY PUNIT ROY son of Binod Roy, resident of village & P.O.Shivram, P.S. Bahera, District Darbhanga. Versus 1.STATE OF BIHAR 2.Kanchan Jha wife of Choudhary Punit Roy (daughter of kumar Jha), resident of village Dahiya, P.S. Kewati, District Darbhanga. ----------- 3 26/2/2010 Heard counsel for the petitioner, counsel for the State as also counsel for the opposite party no.2. Earlier this Court noticing the following unequivocal stand of the petitioner in his bail application reading inter-alia “that the petitioner is a man of means and he is ready to keep his wife-informant- O.P. no.2 with full love and dignity and to lead conjugal life peacefully” had issued notice to the wife-opposite party no.2. Today, counsel for the wife-opposite party no.2 has appeared and has submitted that wife is always ready to live with her husband, but then she apprehends that she will be again treated some sort of torture both mentally and physically as was handed over to her in the last five years of her marriage. Mr. Prem Kumar Jha, learned counsel for the petitioner, on instruction reiterates the firm conviction of the petitioner to keep his wife-opposite party no.2 with all respect and dignity. That being so, this Court would direct the petitioner, namely, Choudhary Punit Roy and opposite party no.2, namely, 2 Kanchan Jha to appear in the court below on 25th March, 2010 and if they do so and submit also a joint compromise petition of living with each other in peaceful manner, the court below will initially grant provision bail to the petitioner, namely, Choudhary Punit Roy for a period of three months on furnishing bail bond of Rs.10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Benipur (Darbhanga) in Bahera p.S. Case No.438 of 2008, with a condition that one of the bailer of the petitioner must be that of either of the parents of the petitioner. After expiry of a period of three months both the petitioner and opposite party no.2 will again be required to appear before the court below and the court below after ascertaining experience of the opposite party no.2 regarding her conjugal life in the interviewing period and finding nothing adverse would extend the bail yet again for a period of three months and this exercise shall be continued for a period of three years and it is only after three years of peaceful conjugal life that the provisional bail of the petitioner being so extended periodically shall be confirmed. Either of the parties, however, will be at liberty to seek any further direction in the matter from this Court. With the aforesaid observation and direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)