IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30866 of 2008 MD. OBAIDULLAH, SON OF MD. MUSTAQUIM, R/V SALEHPUR BALAHA, P.S. SINGHIA, DISTRICT SAMASTIPUR --------------PETITIONER. Versus 1. THE STATE OF BIHAR 2. SMR. PASAHAT TABASSUM, D/O MD. SAYEED, R/M SADPURE, JAKARIYA COLONY, P.S. KAJI MUHAMMADPUR, DISTRICT MUZAFFARPUR ---------------OPPOSITE PARTIES. ----------- 05. 31.03.2009. Heard learned counsel for the petitioner. None appears on behalf of opposite party no.2, although she has been served notice of these proceedings. Petitioner is the husband of the complainant and apprehends his arrest in connection with a complaint case registered for the offence under Section 498A and other allied Sections of the Penal Code. It is submitted on his behalf that he is ready and willing to continue the matrimonial relationship with opposite party no. 2 and for that purpose he shall file a written undertaking in the court below. Let the petitioner, Md. Obaidullah surrender in the court below within four weeks from today and file such undertaking and once such undertaking is filed he be released on bail on furnishing bail bond of Rs.5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M.(East) Muzaffarpur in connection with Complaint Case No. 2355 of 2006/ Tr. No. 1893 of 2008 and notice be issued to the complainant and once she appears in - 2 - presence of the court petitioner should persuade her to come back in the matrimonial fold. In the event, matrimonial dispute is resolved or the complainant is back in the matrimonial home 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. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Rajesh/ (V.N.Sinha, J)