IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31545 of 2011 Anand Kamat Versus The State Of Bihar ----------- 02 30.09.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is husband of informant and he is languishing in jail custody since 29.7.2011 in a case registered under sections 498A, 323 and 379/34 of the IPC. Admittedly, marriage of the petitioner with the informant had taken place in the year 2002 and after that near about 7 years informant led her conjugal life happily and peacefully with the petitioner and between the aforesaid periods, she gave birth to three children out of the aforesaid wedlock. The specific stand of the petitioner is that the petitioner is ready to keep the informant with full honour and dignity and it is the informant who does not want to lead her conjugal life with the petitioner. In the aforesaid circumstances, petitioner, namely, Anand Kamat is directed to be released on provisional bail for a period of three months from the date of receipt of a copy of this order in connection with Benipatti P.S. Case No. 192 of 2009 on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani subject to the condition that after release of the petitioner from judicial custody, the Chief Judicial Magistrate, Madhubani 2 shall issue notice to the petitioner as well as informant fixing a date for reconciliation and shall take all possible steps to patch up the dispute of the parties and in the above stated attempt, if he succeeds to patch up the dispute of the parties, he shall pass order for confirmation of bail of the petitioner but if he fails due to rigid approach of the petitioner, then, in that event, provisional bail of the petitioner will not be confirmed by the court below. It goes without saying that if the aforesaid effort fails on account of rigid and non-cooperative approach of the informant, the provisional bail of the petitioner shall be confirmed by the court below itself. Shahid ( Hemant Kumar Srivastava, J.)