IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40877 of 2008 DIGAMBAR MISTRI, SON OF LATE NATHO MISTRI, R/V AND P.O. KHAMHAUTI, P.S. SIMARI BAKHTIYARPUR,DISTRICT SAHARSA-------PETITIONER Versus 1. STATE OF BIHAR 2. GITA DEVI, WIFE OF DIGAMBAR MISTRI, D/O CHANDESHWARI MISTRI, R/V KUMEDAN TOLA, P.S. SIMARI BAKHTIARPUR, DISTRICT SAHARSA -----------------OPPOSITE PARTIES. ----------- 03. 23.03.2009. Heard learned counsel for the petitioner and the opposite party no.2. Petitioner is the husband of the complainant and apprehending his arrest in connection with a case registered for the offence under Sections 498A, 341, 323, 379, 380 and 504/34 of the Penal Code and Sections ¾ of the Dowry Prohibition Act. It is submitted on behalf of the petitioner that he is ready and willing to continue the matrimonial relationship with his wife and for that purpose he shall file a written undertaking in the court below on 6.4.2009. Let the petitioner, Digambar Mistri surrender in the court below and file such affidavit. Once such affidavit is filed, he 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, Saharsa in connection with Complaint Case No. 1056C of 2006 and thereafter notice be issued to the complainant and once she appears in presence of the court petitioner should persuade her to come back to the matrimonial fold. The conduct of the petitioner be monitored by the court below until such time the court below is satisfied that the peace - 2 - prevails in the family, whereafter the provisional bail allowed to the petitioner be confirmed. Failing which the court below shall 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 on payment of usual charges by the petitioner. Rajesh/ (V.N.Sinha, J)