IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38135 of 2008 UPENDRA SAH @ UPENDRA GUPTA, son of Mahajan Sah, resident of village Varpatiya, P.O. Amwa Digar, P.S. Barwapatti, District Kushinagar (Uttar Pradesh) Versus STATE OF BIHAR ----------- 03/ 09.04.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 498A of the Indian Penal Code. He is the husband of the complainant. It is submitted on behalf of the petitioner that he is ready and willing to continue the matrimonial relationship with the complainant and for that purpose he shall file written undertaking in the court below within four weeks from today. No sooner the aforesaid undertaking is filed in the court below, petitioner, Upendra Sah @ Upendra Gupta be released on provisional bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the Sub- Divisional Judicial Magistrate, Bagaha, District West Champaran in connection with Complaint Case No. C- 438 of 2005 (Trial No. 438 of 2005) and thereafter the complainant should be noticed and once she appears, the petitioner in presence of the Court should persuade her to come back to the matrimonial home not only by 2 words of mouth, but also with suitable gesture and conduct which should generate confidence in her. In the event complainant comes back to the matrimonial home or the matrimonial dispute is resolved or the complainant is found to be unreasonable, provisional bail allowed to the petitioner should 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. Arjun/ ( V.N. Sinha, J.)