IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35729 of 2010 ANIL KUMAR Versus STATE OF BIHAR ----------- 2 18.11.2010 Heard learned counsel for the petitioner as well as learned counsel for the state. Petitioner is husband of the complainant and there is allegation that he used to torture the complainant on account of non-fulfillment of illegal demand. At the very outset, learned counsel for the petitioner submits that no occurrence as alleged in the complaint petition did ever take place and as a matter of fact, the parents of the complainant persuaded her to lodge the instant complaint case. He further submitted that in spite of filing of complaint case, the petitioner is still ready to keep the complainant with full honour and dignity and a proposal to the said effect was also made before learned Sessions Judge but he made certain error of record observing this fact that petitioner is not ready to keep his wife. Considering the aforesaid facts and circumstances, the petitioner, namely, Anil Kumar, in the event of arrest/surrender within 30 days from receipt of the order, shall be released on provisional bail for a period of three months on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in 2 connection with Complaint Case No. 430 (C) of 2009 to the satisfaction of Chief Judicial Magistrate, Nalanda .subject to condition as laid down u/S 438(2) of the Cr.P.C, The learned court below shall take steps for reconciliation by issuing notice to the complainant as well as petitioner, if the petitioner surrenders before the concerned court within the above said period. Furthermore, it is made clear that if learned court below succeeds in his attempt, the provisional bail granted to the petitioner shall be confirmed by the concerned court below itself. If the reconciliation fails, then in that event, learned court below shall pass appropriate order in respect of confirmation of the provisional bail after conducting an inquiry and finding out the fault on account of which aforesaid reconciliation dematerialized. Let this order be communicated to the concerned court through fax at the cost of the petitioner. AKV/- ( Hemant Kumar Srivastava,J.)