IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42394 of 2008 JAI PRAKASH MUKHIYA, Son of late Suresh Mukhiya, Resident of village – Kankari, P.S. – Singhiya, District – Samastipur. ….. Petitioner. Versus 1. THE STATE OF BIHAR. 2. NIRMALA DEVI, wife of Jai Prakash Mukhiya, daughter of Sri Rajendra Sahani, resident of village – Mirjapur, P.S. – Rosera, District – Samastipur. ….. Opp. Parites. ----------- 04/ 27.03.2009 Heard learned counsel for the petitioner and the State. None appears on behalf of Opposite Party No. 2 although she has been served notice of these proceedings. Petitioner, who is the husband of the Opposite Party No. 2, is apprehending his arrest in connection with a complaint case registered for the offence under Sections 323, 379 and 498A of the Penal Code. It is submitted on his behalf that notwithstanding the complaint petition he is ready and willing to continue the matrimonial relationship with the complainant-Opposite Party No. 2. Let the petitioner surrender in the court below within four weeks from today and file written undertaking that he is ready and willing to take the complainant back into the matrimonial fold. Once such undertaking on affidavit is filed, the petitioner, namely, Jai Prakash Mukhiya 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 the Additional Chief Judicial Magistrate, Rosera, Samastipur in connection with Complaint Case No. 96 of 2007/ Tr. No. 3414 of 2007 and thereafter notice be issued to the complainant and once she appears, in presence of the - 2 - court, petitioner should persuade the complainant to come back to the matrimonial fold. In the event dispute is resolved or complainant is back to 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 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.)