IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47257 of 2008 MD.MOJAHID @ MD.MUJAHID, S/o Md. Latif, resident of village – Girda Tola Kariyat, P.S. – Jokihat, District – Araria. ….. Petitioner. Versus THE STATE OF BIHAR ….. Opp. Party With Cr.Misc. No.43260 of 2008 1. MD.MANZOOR, S/o Md. Latif 2. MD. LATIF, S/o Late Md. Umeddi 3. BIBI NAZMUN, W/o Md. Latif 4. BIBI SAMIA @ BIBI SOMIA, D/o Md. Latif 5. BIBI RAHILA @ BIBI RAHELA, W/o Late Gyas Petitioner nos. 1 to 4 are resident of village – Girda, Tola Kariyat, petitioner no. 5 is resident of village – Sherlandha. All of P.S. – Jokihat, District – Araria. ….. Petitioners. Versus 1. THE STATE OF BIHAR 2. BIBI AFSANA KHATOON, Wife Md. Mujahid, D/o Md. Ayub, resident of village – Girda, Tola Tariyat, P.S. Jokihat, District – Araria. …. Opp. Parties. ----------- 03/ 18.04.2009 Heard learned counsel for the petitioners and the O.P. No. 2. Petitioners in the two petitions are apprehending their arrest in connection with a complaint case registered for the offence under Section 498A of the Penal Code. Md. Mojahid @ Mds. Mujahid, petitioner in Cr. Misc. No. 47257 of 2008 is the husband of the complainant Bibi Afsana Khatoon, O.P. No. 2 and the petitioners in Cr. Misc. No. 43260 of 2008 are the close relatives of Md. Mojahid. It is submitted on behalf of Md. Mojahid and his other relatives that they are ready and willing to resume matrimonial relationship with Bibi Afsana Khatoon O.P. No. 2 and for that purpose they shall file a written undertaking on affidavit in the court below on 1.5.2009, whereafter they should be admitted to the privilege of provisional bail on furnishing bail bonds of Rs.5,000/- (five thousand) - 2 - each with two sureties of the like amount each to the satisfaction of Sri S.N. Jha, Judicial Magistrate, Ist Class, Araria in connection with Complaint Case No. 58C of 2007 and they should also take Bibi Afsana Khatoon to her matrimonial home, who shall remain present in the court below on that date. The provisional bail granted to the petitioners should be monitored by the court below until such time the court below is satisfied that matrimonial peace prevails in the family. In the event, there is any matrimonial dispute between the parties, then the court below shall be at liberty to pass appropriate orders in accordance with law considering the reasonableness of the stand of the parties. Until disposal of the bail matter further proceedings in Complaint Case No. 279 of 2007 filed by Md. Mujahid against Bibi Afsana and her relatives shall remain stayed. Both the applications are, accordingly, disposed of. Let this order be communicated to the court below through fax on payment of usual charges by the petitioners. DKS/ (V.N. Sinha, J.)