IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42261 of 2008 MAHENDRA YADAV, Son of Late Rameshwar Yadav, Resident of Village- Aliganj, P.S.- Chandradeep, District- Jamui:---Petitioner. Versus 1. STATE OF BIHAR, 2. Sarojni Devi, wife of Bindeshwar Yadav @ Janardan Yadav, Vill- Pagamberpur, P.S.- + District- Shekhpura. ----------- 04. 20.04.2009. Heard learned counsel for the petitioner and the State. None appears for Opposite Party No.2 although a Vakalatnama has been filed on her behalf. Petitioner is apprehending his arrest in connection with a case registered for the offences under Sections 498A, 323, 504 and 379 of the Penal Code and Section ¾ of the Dowry Prohibition Act. It is submitted on behalf of the petitioner that although Opposite Party No.2 has married Bindeshwar Yadav @ Janardan Yadav, son of Hargovind Yadav on 24.2.2005 yet he is ready and willing to take her back. Let an undertaking on affidavit to the aforesaid effect be filed by the petitioner Mahendra Yadav in the court below within a period of four weeks from today whereafter he 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, Jamui in connection with Complaint Case No. 204 C/2003 and notice be issued to Opposite Party No.2. After she appears before the court - 2 - below, court below should call upon Opposite Party No.2 to come back to her original matrimonial home and in the event she is willing to come back and resume matrimonial life with the petitioner, provisional bail allowed to the petitioner be continued and monitored until such time the court below is satisfied that matrimonial peace prevails between the parties. In the event Opposite Party No.2 is not willing to come back to the matrimonial fold then considering the reasonableness of the stand of the parties the court below shall pass appropriate orders in accordance with law. 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. P.K.P. (V.N.Sinha,J.)