IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40622 of 2008 TOIFAN KHATOON @ CHHALO KHATOON, W/o Sagir Sah, R/o Mohalla- Hajipur, Gola, P.S.- Rafiganj, Distt.- Aurangabad (Bihar)……..Petitioner Versus 1. STATE OF BIHAR 2. Shakiba Jumbi W/o Seraj Sah, w/o Md. Hanif, Mohalla- Hajipur, Gola, P.S.- Rafiganj, Distt.- Aurangabad (Bihar) ………. Opp. Parties. ----------- 04. 13.04.2009 Heard learned counsel for the petitioner and the O.P. No. 2. Petitioner is the mother-in-law and she is apprehending her arrest in connection with a complaint case registered for the offence under Section 498A of the Penal Code. Let petitioner above named along with her son Seraj Sah, the husband of the complainant appear in the court below on 30th of April, 2009 and the two they shall file written undertaking on affidavit that they are ready and willing to continue matrimonial relationship with complainant O.P. No. 2. Once such undertaking is filed, petitioner 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 Sub-divisional Judicial Magistrate, Aurangabad in connection with Complaint Case No. 400 of 2005 and thereafter notice be issued to the complainant O.P. No. 2 and once she appears, in presence of the court, the husband of the complainant should persuade her to come back to the matrimonial home. In the event dispute is resolved or complainant is back her matrimonial home or she is found to be unreasonable, provisional bail granted to the petitioner be confirmed, failing which court below shall be at liberty to pass appropriate orders in accordance with law considering the - 2 - 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. DKS/ (V.N. Sinha, J.)